Agenda packet, second session — Malibu City Council, April 22, 2024 (part 1 of 2)

PLEASE DOWNLOAD THE AGENDA DOCUMENT FOR

INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING
Meeting Agenda
CC240422_AGENDA.PDF
Item 3B2
Approve Warrants
CC240422_ITEM 3B2.PDF
Item 3B3
Approval of Minutes
CC240422_ITEM 3B3.PDF
Item 3B4
Floodplain Variance – 19750 Pacific Coast Highway
CC240422_ITEM 3B4.PDF
Item 3B5
Acceptance of Westward Beach Road Shoulder Repair Project CC240422_ITEM 3B5.PDF
Item 3B6
City-County Municipal Services Agreement with the County of Los Angeles Animal Care and Control Department
CC240422_ITEM 3B6.PDF
Item 3B7
Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway

1. Documents:

2. Documents:

3. Documents:

4. Documents:

5. Documents:

6. Documents:

7. CC240422_ITEM 3B6.PDF
Item 3B7
Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway
CC240422_ITEM 3B7.PDF
Item 3B8
Housing Element Code Amendments
CC240422_ITEM 3B8.PDF
Item 4A
2024 Wastewater and Recycled Water Rate Study and Proposed Rates CC240422_ITEM 4A.PDF
Item 6A
Formula Retail Clearance Process
CC240422_ITEM 6A.PDF

7. Documents:

8. Documents:

9. Documents:

10. Documents:

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

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

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

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

Malibu City Council
Regular Meeting Agenda
Monday, April 22, 2024
5:30 P.M. - CLOSED SESSION
City Hall – Council Chambers (call to order)
Westward Room (closed session)
23825 Stuart Ranch Road
6:30 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/83580521583
Five-thirty p.m. Convene for Purpose of Closed Session
Call to Order – Mayor (Council Chambers)
Public Comment on Closed Session Items
City Council Regular Meeting Agenda Page - 2 - April 22, 2024 Recess to Closed Session (to be held in the Westward Room) This time has been set aside for the City Council to meet in a closed session to discuss matters pursuant to Government Code Section 54956.8. The City Attorney will give an additional oral report regarding the Closed Session at the beginning of the next regular City Council meeting. At the conclusion of the Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it may deem appropriate.

Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8

1. Property Known as The Malibu Lumber Yard (3939 Cross Creek Road APN 4458-020-903) City Negotiator: City Manager Steve McClary or his Designee.

Under Negotiation: Price and Terms
Six-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Closed Sessin Report
Report on Posting of Agenda – April 12, 2024
Approval of Agenda

1. Ceremonial/Presentations
A. Presentation of City Tile to Parker Davis for Seven Years of Service to the City of Malibu B. Proclamation Declaring April 21-27, 2024 National Volunteer Week C. Presentation on the City of Malibu’s New Development Application Portal

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.

City Council Regular Meeting Agenda Page - 3 - April 22, 2024 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 72085-72213 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. 745 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $ 2,508,728.02. City of Malibu payroll check number 5464-5466 and ACH deposits were issued in the amount of $ 549,083.20.

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

3. Approval of Minutes
Recommended Action: Approve the minutes for the February 14, 2024 Malibu City Council Special meeting, February 22, 2024 Malibu City Council Special meeting, February 26, 2024 Malibu City Council Regular meeting.

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

4. Floodplain Variance – 19750 Pacific Coast Highway
Recommended Action: Adopt Resolution No. 24-11 granting a variance from the floodplain coastal high hazard requirements for the construction of a bulkhead within a coastal floodplain at 19750 Pacific Coast Highway.

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

5. Acceptance of Westward Beach Road Shoulder Repair Project Recommended Action: 1) Accept the work performed by J & H Engineering General Contractors, Inc. for the Westward Beach Road Shoulder Repair Project, Specification No. 2070 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.

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

City Council Regular Meeting Agenda Page - 4 - April 22, 2024

6. City-County Municipal Services Agreement with the County of Los Angeles Animal Care and Control Department
Recommended Action: Authorize the City Manager to execute the City-County Municipal Services Agreement between the County of Los Angeles Department of Animal Care and Control and City of Malibu, for the period of July 1, 2024, through June 30, 2029 Staff Contact: Public Safety Director Dueñas, 456-2489, ext. 313

7. Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway
Recommended Action: Adopt Resolution No. 24-17 extending the declaration of the existence of a local emergency related to the increase of reckless and illegal driving on Pacific Coast Highway and directing staff to coordinate efforts with other governmental agencies to increase attention and create programs to reduce the risk and danger associated with Pacific Coast Highway in the City.

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

8. Housing Element Code Amendments
Recommended Action: 1) Adopt Resolution No. 24-16 initiating amendments to the Malibu Municipal Code (MMC) Title 17 (Zoning) and the Local Coastal Program to bring them into compliance with State Housing law and finding the action exempt from the California Environmental Quality Act; 2) Direct the Planning Commission to schedule a public hearing; and 3) Authorize the Mayor to execute a professional services agreement with Capstone City Planning in the amount of $101,880 to prepare and process code amendments associated with the 2021-2029 (6th Cycle) Housing Element.

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

4. Ordinances and Public Hearings
A. 2024 Wastewater and Recycled Water Rate Study and Proposed Rates Recommended Action: 1) Conduct a public hearing to receive public testimony and consider all protests concerning the adoption of the wastewater and recycled water rates; 2) Unless written protests from a majority of affected parcels are received, adopt Resolution No. 24-15 establishing the wastewater and recycled water service charges for Fiscal Years 2024-2025, 2025-2026, 2026- 2027, and 2027-2028.

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

5. Old Business
None.

City Council Regular Meeting Agenda Page - 5 - April 22, 2024

6. New Business
A. Formula Retail Clearance Process
Recommended Action: Receive a presentation from the Planning Department describing the Formula Retail Clearance process established by Ordinance No. 431.

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

7. Council Items
None.

Adjournment
Future Meetings
Wednesday, April 24, 2024 6:00 p.m. Regular City Council Meeting City Hall Council Chambers Monday, May 13, 2024 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Tuesday, May 28, 2024 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Guide to the City Council Proceedings
The Oral Communication portion of the agenda is for members of the public to present items, which are not listed on the agenda but are under the subject matter jurisdiction of the City Council. No action may be taken under, except to direct staff, unless the Council, by a two-thirds vote, determines that there is a need to take immediate action and that need came to the attention of the City after the posting of the agenda. Although no action may be taken, the Council and staff will follow up, at an appropriate time, on those items needing response. Each speaker is limited to three (3) minutes.

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

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

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

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

City Council Regular Meeting Agenda Page - 6 - April 22, 2024 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.

The City 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 12th day of April 2024 at 3:30 p.m.

Kelsey Pettijohn, City Clerk
WARRANT REGISTER NO. 745
On April 22, 2024, the Malibu City Council allowed and approved warrant demand numbers 72085-72213 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 $2,508,728.02. City of Malibu payroll check numbers 5464-5466 and ACH deposits were issued in the amount of $549,083.20.

PASSED, APPROVED and ADOPTED this 22nd day of April 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 $3,057,811.22 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 11th day of April 2024, AT MALIBU, CALIFORNIA ______________________________________________
Steve McClary
City Manager
City Council Meeting
4-22-24
Item

3.B.2.

DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Accounts Payable
User:

Printed:
sflores
4/10/2024 8:38 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 72085 AETNA Health and Human Resource Center Inc 03/29/2024 0.00 119.54 72086 BlueShie Blue Shield of California 03/29/2024 0.00 1,451.09 72087 CASTDIS California State Disbursement Unit 03/29/2024 0.00 339.69 72088 DELTADE Delta Dental of California 03/29/2024 0.00 8,418.12 72089 ICMA457 ICMA-MissionSquare Retirement - 303615 03/29/2024 0.00 17,631.21 72090 ICMACM ICMA-MissionSquare Retirement - 108658 03/29/2024 0.00 600.00 72091 ICMADH ICMA-MissionSquare Retirement - 108650 03/29/2024 0.00 1,000.00 72092 STANDARD Standard Insurance Company N2 03/29/2024 0.00 8,476.30 72093 STANDARD Standard Insurance Company N2 03/29/2024 0.00 355.28 72094 USBANK2 U.S. Bank 03/29/2024 0.00 1,526.05
72095 13STARS 13 Stars Media 04/01/2024 0.00 1,177.32
72096 AAAPROP AAA Propane Services, Inc. 04/01/2024 0.00 2,150.40 72097 ACCURATE FLC Inc 04/01/2024 0.00 11,082.00
72098 ACMEVALL ACME Valley Security Services, Inc. 04/01/2024 0.00 290.00 72099 AMTECH Pacific Coast Elevator Corp. 04/01/2024 0.00 808.86 72100 ANAWALT Anawalt Lumber Co., Inc 04/01/2024 0.00 27.13 72101 APPLCON Applied Concepts, Inc 04/01/2024 0.00 585.83 72102 BATESC Carla Bates 04/01/2024 0.00 69.08
72103 BEARCON Bear Contractors, Inc. 04/01/2024 0.00 3,200.00 72104 BLAGOLD Black Gold Industries 04/01/2024 0.00 882.40 72105 CABUILDI CA Building Standards Commis. 04/01/2024 0.00 2,879.10 72106 CALCOAS Cal-Coast Machinery Inc 04/01/2024 0.00 143.21 72107 CLIMATED Climatec LLC 04/01/2024 0.00 360.00
72108 CORTIM Timothy Corliss 04/01/2024 0.00 420.00
72109 CROCKERJ Justine Crocker 04/01/2024 0.00 1,260.00 72110 CRPRINT CR PRINT 04/01/2024 0.00 363.83
72111 DAVLOREN Loren Davis 04/01/2024 0.00 72.36
72112 DUENASSU Susan Duenas 04/01/2024 0.00 93.13
72113 ELESCO Emergency Lighting Equipment Service Company Inc 04/01/2024 0.00 1,400.00 72114 ENHANCED Landscape Development, Inc. 04/01/2024 0.00 6,923.38 72115 FEDEXP FedEx 04/01/2024 0.00 36.94
72116 FRONTIER Frontier California Inc 04/01/2024 0.00 390.67 72117 GIINDUS G.I. Industries 04/01/2024 0.00 815.10
72118 GILBMARS Marsha G De La O 04/01/2024 0.00 150.00
72119 Grainger W.W. Grainger,Inc 04/01/2024 0.00 268.97 72120 HARFOUCH Lily Harfouche 04/01/2024 0.00 350.00
72121 HARTSEL Bob Harts Electric, Inc. 04/01/2024 0.00 1,494.02 72122 HERRON Ron Hermansen 04/01/2024 0.00 70.00
72123 JEANDENI Alisha Jean-Denis 04/01/2024 0.00 70.00
72124 JONESU Ula Jones 04/01/2024 0.00 840.00
72125 KIMLEY Kimley-Horn and Associates Inc 04/01/2024 0.00 36,146.99 72126 KIRKCART LaTanya KirkCarter 04/01/2024 0.00 12,675.00 72127 LACOCLE LA County Registrar-Recorder LA Co Clerk 04/01/2024 0.00 75.00 72128 LACOCLE LA County Registrar-Recorder LA Co Clerk 04/01/2024 0.00 75.00 72129 LACOCLE LA County Registrar-Recorder LA Co Clerk 04/01/2024 0.00 75.00 72130 LACOCLE LA County Registrar-Recorder LA Co Clerk 04/01/2024 0.00 75.00 72131 LACOCLE LA County Registrar-Recorder LA Co Clerk 04/01/2024 0.00 75.00 AP Checks by Date - Summary by Check Number (4/10/2024 8:38 AM) Page 1 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Check No Vendor No Vendor Name Check Date Void Checks Check Amount 72132 LACOSHE LA Co Sheriff's Department 04/01/2024 0.00 873,218.31 72133 LACOWAT LA Co MalibuTreasurer-Waterworks 04/01/2024 0.00 477.46 72134 LACPUBW Los Angeles County Public Works 04/01/2024 0.00 508.00 72135 LEVC Cheryl Lev 04/01/2024 0.00 1,260.00
72136 MALAQUA Malibu Aquatics Foundation 04/01/2024 0.00 5,883.50 72137 MALICOM Malibu Comm Labor Exchange 04/01/2024 0.00 1,650.00 72138 MALIGLA Malibu Glass and Mirror, Inc 04/01/2024 0.00 154.66 72139 MCCSTEVE Steve McClary 04/01/2024 0.00 207.05
72140 MRGLLC Municipal Resource Group LLC 04/01/2024 0.00 9,000.00 72141 MURPHMOL Molly Murphy 04/01/2024 0.00 420.00
72142 NAICKERV Vasudevan Naicker 04/01/2024 0.00 305.00 72143 NEXTIVA Nextiva, Inc. 04/01/2024 0.00 4,228.57
72144 OCCDEN Denise O'Connor 04/01/2024 0.00 700.00
72145 PARKASSO Park Associates Inc 04/01/2024 0.00 1,005.90 72146 PARSARS Public Agency Retirement Srvcs 04/01/2024 0.00 300.00 72147 PIZNAT Nathalia Pizarro 04/01/2024 0.00 70.00
72148 RANSJ John Ransier 04/01/2024 0.00 70.00
72149 REYZA Alina Reyzelman 04/01/2024 0.00 590.00
72150 RHOAHE Heidi Rhoades 04/01/2024 0.00 30.00
72151 RINCONC Rincon Consultants, Inc 04/01/2024 0.00 13,455.50 72152 ROMDEN Denise Romo 04/01/2024 0.00 820.00
72153 RYLAND STLR Corporation 04/01/2024 0.00 15,748.75 72154 SALTNPEP Salt N Pepper Truck Inc 04/01/2024 0.00 1,750.00 72155 SANBRE Brett Sanson 04/01/2024 0.00 70.00
72156 SDIPRES SDI Presence, LLC 04/01/2024 0.00 11,057.50 72157 SKELM Mia Skelton 04/01/2024 0.00 905.00
72158 SOUTPRNT Southwest Offset Printing Co., Inc. 04/01/2024 0.00 9,015.72 72159 STAPLES Staples Contract & Commercial LLC 04/01/2024 0.00 907.97 72160 STORYPOL Coastal Design Build Group Inc 04/01/2024 0.00 975.00 72161 TOTALGRA Brian Shore 04/01/2024 0.00 118.93
72162 USBANK4 US Bank N.A. 04/01/2024 0.00 176,949.11
72163 USBANK4 US Bank N.A. 04/01/2024 0.00 118,268.50
72164 USBANK4 US Bank N.A. 04/01/2024 0.00 462,900.00
72165 VANDEV Katherine VandeVoort 04/01/2024 0.00 210.00 72166 VASANS Anshul Vaswaney 04/01/2024 0.00 255.49
72167 WAVEENTE Wave Enterprises, Inc 04/01/2024 0.00 4,200.00 72168 WILJOY Joy Wilcox 04/01/2024 0.00 70.00
72169 YEHASSOC Yeh and Associates Inc 04/01/2024 0.00 2,535.00 72170 13STARS 13 Stars Media 04/08/2024 0.00 769.84
72171 ANAWALT Anawalt Lumber Co., Inc 04/08/2024 0.00 14.36 72172 BAKHAN Hani Baker 04/08/2024 0.00 19.43
72173 CAHIGH Dept of the CA Highway Patrol 04/08/2024 0.00 69,816.25 72174 CASTRATE California Strategies & Advocacy LLC 04/08/2024 0.00 12,500.00 72175 CHAMPCAM Trevor Elder 04/08/2024 0.00 2,310.00
72176 CHEVRON2 Wright Express FSC Wex Bank 04/08/2024 0.00 1,340.65 72177 CIVICPLU CivicPlus LLC 04/08/2024 0.00 3,283.50
72178 CMS Richard Comi 04/08/2024 0.00 7,094.14
72179 DEVBARB Barbara Devaney 04/08/2024 0.00 25.00
72180 ENHANCED Landscape Development, Inc. 04/08/2024 0.00 45,820.00 72181 FOXWEATH Fox Weather, LLC 04/08/2024 0.00 700.00
72182 FRONTIER Frontier California Inc 04/08/2024 0.00 1,731.82 72183 GARNIC Nicholas Andrew Garcia 04/08/2024 0.00 560.00 72184 GMZENG GMZ Engineering Inc 04/08/2024 0.00 115,849.35 72185 GUEALI Alison Wishard Guerra 04/08/2024 0.00 250.00 72186 HOMEPRO HD Supply Facilties Maintenance, Ltd 04/08/2024 0.00 722.29 72187 IPC INC Integrated Performance Consultants Inc 04/08/2024 0.00 8,026.00 72188 J&HENG J & H Engineering General Contractors Inc 04/08/2024 0.00 158,697.50 AP Checks by Date - Summary by Check Number (4/10/2024 8:38 AM) Page 2 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Check No Vendor No Vendor Name Check Date Void Checks Check Amount 72189 KIMLEY Kimley-Horn and Associates Inc 04/08/2024 0.00 20,000.00 72190 LACOANI LA Co Animal Care & Control 04/08/2024 0.00 12,702.37 72191 LACOCLE LA County Registrar-Recorder LA Co Clerk 04/08/2024 0.00 75.00 72192 LACOCLE LA County Registrar-Recorder LA Co Clerk 04/08/2024 0.00 75.00 72193 LACOWAT LA Co MalibuTreasurer-Waterworks 04/08/2024 0.00 1,623.36 72194 LEMMOR Richard Lemmo 04/08/2024 0.00 1,974.00
72195 MANIMBI Mani MBI (DE) LLC 04/08/2024 0.00 1,762.23 72196 MANMIC Michael Anthony Manfredo 04/08/2024 0.00 1,155.00 72197 PACMOBIL Pacific Mobile Structures Inc 04/08/2024 0.00 39,890.89 72198 PCRECYC FC Management Services, Inc. 04/08/2024 0.00 250.00 72199 PEOPCON Ocean Park Community Center 04/08/2024 0.00 30,497.00 72200 RINCONC Rincon Consultants, Inc 04/08/2024 0.00 69,377.25 72201 ROMJ John Rom 04/08/2024 0.00 945.00
72202 ROUNDSTA Round Star West LLC 04/08/2024 0.00 2,887.50 72203 STAPLES Staples Contract & Commercial LLC 04/08/2024 0.00 860.13 72204 STORIV Stoel Rives LLP 04/08/2024 0.00 265.20
72205 TETMIC Michael Tetro 04/08/2024 0.00 800.00
72206 TETRATE Tetra Tech Inc 04/08/2024 0.00 36,330.52
72207 TMOBILE T-Mobile USA Inc 04/08/2024 0.00 261.33
72208 TOSHIBA US Bank National Association 04/08/2024 0.00 2,895.80 72209 TOTALGRA Brian Shore 04/08/2024 0.00 278.99
72210 TRAIGOAT Train Goat Gainz LLC 04/08/2024 0.00 1,554.00 72211 ULTMAINT Ultimate Maintenance Services Inc 04/08/2024 0.00 3,675.00 72212 XEROXFIN Xerox Corporation 04/08/2024 0.00 783.40 72213 ZAVTET Tetiana Zavialova 04/08/2024 0.00 200.00
Report Total (129 checks): 0.00 2,508,728.02
AP Checks by Date - Summary by Check Number (4/10/2024 8:38 AM) Page 3 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC User:

Printed: 04/10/2024 - 8:41AM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Checks from: 00072085 To: 00072213
Account Number Description Vendor Description Check No Amount Section 1: 100
Section 2:0000
100-0000-2021-00 COBRA Payable Blue Shield of California PR 28.03.2024 Vision Care-Cobra-Woodrow-Apr'24 72086 16.88 Vendor Subtotal for Section 2:0000 16.88
Section 2:0000
100-0000-2021-00 COBRA Payable Delta Dental of California PR 28.03.2024 Dental Insurance-Cobra-Linden-Apr'24 72088 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 28.03.2024 Dental Insurance-Cobra-Feldman-Apr'24 72088 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 28.03.2024 Dental Insurance-Cobra-Woodrow-Apr'24 72088 50.06 Vendor Subtotal for Section 2:0000 150.18
Section 2:0000
100-0000-3133-00 Transient Occupancy Tax Mani MBI (DE) LLC Ref - Overpymt Malibu Beach Inn TOT Feb '24 72195 1,762.23 Vendor Subtotal for Section 2:0000 1,762.23
Section 2:0000
100-0000-3431-00 Public Works Project Review F Los Angeles County Public Works Ref - PW Fees OC 24-029, 5007.5 Encinal Cyn Rd 72134 508.00 Vendor Subtotal for Section 2:0000 508.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Timothy Corliss Ref - Winter/Spring 2024 Youth Water Polo 72108 420.00 Vendor Subtotal for Section 2:0000 420.00
AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 1 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Justine Crocker Ref - Seawolves Blue Group Swim Team 72109 1,120.00 100-0000-3466-00 Swim Use & Program Fee Justine Crocker Ref - Winter 2024 Youth Water Polo 72109 140.00 Vendor Subtotal for Section 2:0000 1,260.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Lily Harfouche Ref - Spring 2024 Youth Water Polo 72120 350.00 Vendor Subtotal for Section 2:0000 350.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Ron Hermansen Ref - Winter 2024 Youth Water Polo 72122 70.00 Vendor Subtotal for Section 2:0000 70.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Alisha Jean-Denis Ref - Winter 2024 Youth Water Polo 72123 70.00 Vendor Subtotal for Section 2:0000 70.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Ula Jones Ref - Winter/Spring 2024 Youth Water Polo 72124 840.00 Vendor Subtotal for Section 2:0000 840.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Molly Murphy Ref - Winter/Spring 2024 Youth Water Polo 72141 420.00 Vendor Subtotal for Section 2:0000 420.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Denise O'Connor Ref - Spring 2024 Youth Water Polo (2) 72144 700.00 Vendor Subtotal for Section 2:0000 700.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Nathalia Pizarro Ref - Winter 2024 Youth Water Polo 72147 70.00 Vendor Subtotal for Section 2:0000 70.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee John Ransier Ref - Winter 2024 Youth Water Polo 72148 70.00 AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 2 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 70.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Alina Reyzelman Ref - Seawolves Blue Group Swim Team 72149 590.00 Vendor Subtotal for Section 2:0000 590.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Brett Sanson Ref - Winter 2024 Youth Water Polo 72155 70.00 Vendor Subtotal for Section 2:0000 70.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Mia Skelton Ref - Junior Marlins Swim Team 72157 485.00 100-0000-3466-00 Swim Use & Program Fee Mia Skelton Ref - Winter/Spring 2024 Youth Water Polo 72157 420.00 Vendor Subtotal for Section 2:0000 905.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Katherine VandeVoort Ref - Winter 2024 Youth Water Polo (3) 72165 210.00 Vendor Subtotal for Section 2:0000 210.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Joy Wilcox Ref - Winter 2024 Youth Water Polo 72168 70.00 Vendor Subtotal for Section 2:0000 70.00
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee Barbara Devaney Ref - Sr Excursion Mar '24 72179 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
100-0000-3470-00 Community Classes Heidi Rhoades Ref - Winter 2024 Music Together 72150 30.00 Vendor Subtotal for Section 2:0000 30.00
AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 3 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount Section 2:3001
100-3001-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.03.2024 STD/LTD 72092 26.94 Vendor Subtotal for Section 2:3001 26.94
Section 2:3001
100-3001-5100-00 Professional Services Fox Weather, LLC Weather Forecasting Svcs - Mar '24 72181 700.00 Vendor Subtotal for Section 2:3001 700.00
Section 2:3007
100-3007-5610-00 Fac Maintenance-Civic Center Integrated Performance Consultants Inc CCSTF Operation/Maint - Feb '24 72187 3,913.00 Vendor Subtotal for Section 2:3007 3,913.00
Section 2:3007
100-3007-5610-01 Fac Maintenance-Paradise Cove Integrated Performance Consultants Inc PCSTF Operation/Maint - Feb '24 72187 3,913.00 Vendor Subtotal for Section 2:3007 3,913.00
Section 2:3007
100-3007-5655-00 Stormwater Monitoring Integrated Performance Consultants Inc Remote Access Fee - Feb '24 72187 200.00 Vendor Subtotal for Section 2:3007 200.00
Section 2:3007
100-3007-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Broad Beach Irrigation 1/18-3/19/24 Acct#29652752 72193 190.98 100-3007-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - CCSTF 1/4 - 3/6/24 Acct#29152991 72193 477.46 Vendor Subtotal for Section 2:3007 668.44
Section 2:3008
100-3008-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.03.2024 STD/LTD 72092 60.16 Vendor Subtotal for Section 2:3008 60.16
AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 4 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount Section 2:4001
100-4001-4203-00 Vision Insurance Blue Shield of California PR 28.03.2024 Vision Care-Spiroglou-Mar'24 72086 9.45 Vendor Subtotal for Section 2:4001 9.45
Section 2:4001
100-4001-4204-00 Dental Insurance Delta Dental of California PR 28.03.2024 Dental Insurance-Spiroglou-Mar'24 72088 50.06 Vendor Subtotal for Section 2:4001 50.06
Section 2:4001
100-4001-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.03.2024 STD/LTD 72092 36.48 Vendor Subtotal for Section 2:4001 36.48
Section 2:4001
100-4001-5405-00 Printing Southwest Offset Printing Co., Inc. Spring 2024 Recreation Guide - Printing/Mailing 72158 9,015.72 Vendor Subtotal for Section 2:4001 9,015.72
Section 2:4001
100-4001-7800-00 Other Equipment Pacific Mobile Structures Inc 35% Pool Office Trailer - Acct#100618 72197 39,890.89 Vendor Subtotal for Section 2:4001 39,890.89
Section 2:4002
100-4002-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.03.2024 STD/LTD 72092 14.29 Vendor Subtotal for Section 2:4002 14.29
Section 2:4002
100-4002-5107-00 Contract Personnel Malibu Aquatics Foundation Swim Team & Masters Swim Program 2/2 - 3/1/24 72136 5,883.50 Vendor Subtotal for Section 2:4002 5,883.50
AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 5 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount Section 2:4002
100-4002-5340-00 Transportation & Mileage Loren Davis Reimb- CH/Malibu HS Roundtrip 2/9 - 3/13/24 72111 72.36 Vendor Subtotal for Section 2:4002 72.36
Section 2:4004
100-4004-5401-00 Advertising & Noticing 13 Stars Media Ad - Spring Break Day Camps 3/14/24 72095 268.00 Vendor Subtotal for Section 2:4004 268.00
Section 2:4005
100-4005-5107-00 Contract Personnel Trevor Elder Instructor - Intro to Skate 1/21 - 3/24/24 72175 2,310.00 Vendor Subtotal for Section 2:4005 2,310.00
Section 2:4005
100-4005-5401-00 Advertising & Noticing Brian Shore Signage - Spring 2024 Skate Park Hours 72209 131.16 Vendor Subtotal for Section 2:4005 131.16
Section 2:4006
100-4006-5107-00 Contract Personnel John Rom Instructor - Youth Tennis 1/20 - 3/16/24 72201 945.00 Vendor Subtotal for Section 2:4006 945.00
Section 2:4006
100-4006-5107-00 Contract Personnel Round Star West LLC Instructor - Youth Soccer Ages 3-4, 1/21 - 3/24/24 72202 245.00 100-4006-5107-00 Contract Personnel Round Star West LLC Instructor - Youth Soccer Ages 4-5, 1/21 - 3/24/24 72202 1,032.50 100-4006-5107-00 Contract Personnel Round Star West LLC Instructor - Youth Soccer Ages 5-7, 1/21 - 3/24/24 72202 367.50 100-4006-5107-00 Contract Personnel Round Star West LLC Instructor - Youth Soccer Ages 2-3, 1/21 - 3/24/24 72202 1,242.50 Vendor Subtotal for Section 2:4006 2,887.50
Section 2:4007
100-4007-5107-00 Contract Personnel Nicholas Andrew Garcia Instructor - Chess 1/16 - 3/19/24 72183 560.00 AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 6 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4007 560.00
Section 2:4007
100-4007-5107-00 Contract Personnel Richard Lemmo Instructor - Improv Theater 1/9 - 3/12/24 72194 1,974.00 Vendor Subtotal for Section 2:4007 1,974.00
Section 2:4007
100-4007-5107-00 Contract Personnel Cheryl Lev Instructor - Music Together 1/10 - 2/28/24 72135 1,260.00 Vendor Subtotal for Section 2:4007 1,260.00
Section 2:4007
100-4007-5107-00 Contract Personnel Michael Anthony Manfredo Instructor - Tai Chi 1/10 - 3/20/24 72196 1,155.00 Vendor Subtotal for Section 2:4007 1,155.00
Section 2:4007
100-4007-5107-00 Contract Personnel Train Goat Gainz LLC Instructor - Nature Detectives 1/11 - 3/14/24 72210 1,554.00 Vendor Subtotal for Section 2:4007 1,554.00
Section 2:4008
100-4008-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.03.2024 STD/LTD 72092 5.76 Vendor Subtotal for Section 2:4008 5.76
Section 2:4008
100-4008-5107-00 Contract Personnel Michael Tetro Sr Anniversary Party Entertainment 4/25/24 72205 800.00 Vendor Subtotal for Section 2:4008 800.00
Section 2:4010
100-4010-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.03.2024 STD/LTD 72092 12.69 Vendor Subtotal for Section 2:4010 12.69
AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 7 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount Section 2:4010
100-4010-5100-00 Professional Services Landscape Development, Inc. City Parks Landscape Maint/Liners - Mar '24 72180 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 - Mar '24 72211 3,675.00 Vendor Subtotal for Section 2:4010 3,675.00
Section 2:4010
100-4010-5130-00 Parks Maintenance FLC Inc Bluffs Park - Backflow Prevention Device 72097 11,082.00 Vendor Subtotal for Section 2:4010 11,082.00
Section 2:4010
100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Trancas - Irrigation Repairs 2/14/24 72114 295.97 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Cross Creek - Irrigation Repairs 2/15 - 2/16/24 72114 934.56 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Bluffs Park - Irrigation Repairs 2/14/24 72114 605.10 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Las Flores Park - Irrigation Repairs 2/16/24 72114 156.37 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Ioki Lot - Brush Clearance 72114 2,042.00 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. PCH Median - Irrigation Repairs 2/14/24 72114 343.01 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Equestrian Park - Drain Overflow/Storm Cleanup 72114 1,690.00 Vendor Subtotal for Section 2:4010 6,067.01
Section 2:4010
100-4010-5130-00 Parks Maintenance Park Associates Inc Trancas Park - Playground Net 72145 1,005.90 Vendor Subtotal for Section 2:4010 1,005.90
Section 2:4010
100-4010-5610-00 Facility Maintenance Bob Harts Electric, Inc. MLC Bathrooms - Electrical Work 72121 1,084.25 Vendor Subtotal for Section 2:4010 1,084.25
Section 2:4010
100-4010-5640-00 Equipment Maintenance Cal-Coast Machinery Inc Maint Kit for Gator Equipment 72106 143.21 AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 8 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4010 143.21
Section 2:4010
100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - PCH Median 1/4 - 3/6/24 Acct#29152979 72193 286.48 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Cross Creek Irrigation 1/4 - 3/6/24 Acct#29649953 72193 477.46 Vendor Subtotal for Section 2:4010 763.94
Section 2:4010
100-4010-6160-00 Operating Supplies Anawalt Lumber Co., Inc Trancas - Dog Park Equipment 72100 27.13 100-4010-6160-00 Operating Supplies Anawalt Lumber Co., Inc Trancas - Dog Park Equipment 72171 3.96 100-4010-6160-00 Operating Supplies Anawalt Lumber Co., Inc Credit Memo: Trancas - Dog Park Equipment 72171 -20.79 100-4010-6160-00 Operating Supplies Anawalt Lumber Co., Inc Trancas - Dog Park Equipment 72171 31.19 Vendor Subtotal for Section 2:4010 41.49
Section 2:4011
100-4011-6160-00 Operating Supplies FedEx Express Svcs - LA County Fire Dept 72115 36.94 Vendor Subtotal for Section 2:4011 36.94
Section 2:4011
100-4011-6160-00 Operating Supplies Salt N Pepper Truck Inc 2024 Chumash Day - Food Truck 72154 1,750.00 Vendor Subtotal for Section 2:4011 1,750.00
Section 2:4011
100-4011-6160-00 Operating Supplies Brian Shore Wall Decal - Student Art Exhibit 72161 118.93 100-4011-6160-00 Operating Supplies Brian Shore Poster - 2024 Chumash Day Parking 72209 147.83 Vendor Subtotal for Section 2:4011 266.76
Section 2:4011
100-4011-6160-00 Operating Supplies Wave Enterprises, Inc 2024 Chumash Day - Parking Rent 72167 4,200.00 Vendor Subtotal for Section 2:4011 4,200.00
AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 9 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount Section 2:4012
100-4012-5107-00 Contract Personnel Marsha G De La O Caffeinated Verse Poetry Workshop 3/16/24 72118 150.00 Vendor Subtotal for Section 2:4012 150.00
Section 2:4012
100-4012-5107-00 Contract Personnel Tetiana Zavialova Initial Pymt - Poetry Broadsides - John Struleoff 72213 200.00 Vendor Subtotal for Section 2:4012 200.00
Section 2:4012
100-4012-5401-00 Advertising & Noticing 13 Stars Media Ad - Mining the Spirit L. McCloskey 3/14/24 72095 268.00 Vendor Subtotal for Section 2:4012 268.00
Section 2:4012
100-4012-6160-00 Operating Supplies Carla Bates Reimb - HomeDepot Poetry Summit Supplies 3/2/24 72102 69.08 Vendor Subtotal for Section 2:4012 69.08
Section 2:7001
100-7001-5100-00 Professional Services LaTanya KirkCarter School District Separation Consulting Oct '23 - Jan '24 72126 12,675.00 Vendor Subtotal for Section 2:7001 12,675.00
Section 2:7001
100-7001-5100-00 Professional Services STLR Corporation School District Separation - Nov '23 72153 15,748.75 Vendor Subtotal for Section 2:7001 15,748.75
Section 2:7001
100-7001-5104-00 Lobbyist Services California Strategies & Advocacy LLC Lobbying Svcs - Mar '24 72174 12,500.00 Vendor Subtotal for Section 2:7001 12,500.00
Section 2:7002
100-7002-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.03.2024 STD/LTD 72092 16.37 AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 10 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7002 16.37
Section 2:7002
100-7002-6165-00 Website Services CivicPlus LLC CivicHR Applicant Tracking System 4/3/24 to 4/2/25 72177 3,283.50 Vendor Subtotal for Section 2:7002 3,283.50
Section 2:7003
100-7003-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.03.2024 STD/LTD 72092 34.18 Vendor Subtotal for Section 2:7003 34.18
Section 2:7003
100-7003-5300-00 Travel and Training Steve McClary Reimb - Sheraton Lodging, CM Educational Seminar 3/6/24 72139 207.05 Vendor Subtotal for Section 2:7003 207.05
Section 2:7005
100-7005-5100-00 Professional Services Stoel Rives LLP Legal Svcs - Malibu SYTF - Feb '24 72204 265.20 Vendor Subtotal for Section 2:7005 265.20
Section 2:7007
100-7007-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.03.2024 STD/LTD 72092 19.64 Vendor Subtotal for Section 2:7007 19.64
Section 2:7007
100-7007-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - City Clerk 72159 225.83 100-7007-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - City Clerk 72203 58.06 Vendor Subtotal for Section 2:7007 283.89
Section 2:7021
AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 11 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount 100-7021-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.03.2024 STD/LTD 72092 21.76 Vendor Subtotal for Section 2:7021 21.76
Section 2:7021
100-7021-5100-00 Professional Services Coastal Design Build Group Inc KBUU Story Pole Installation - 24250 CA-1 Malibu CA 72160 975.00 Vendor Subtotal for Section 2:7021 975.00
Section 2:7021
100-7021-5100-01 CHP On-call Services Dept of the CA Highway Patrol Traffic Enforcement 11/6/23 - 2/6/24 72173 17,055.60 Vendor Subtotal for Section 2:7021 17,055.60
Section 2:7021
100-7021-5106-00 Animal Control LA Co Animal Care & Control Animal Control - Feb '24 72190 12,702.37 Vendor Subtotal for Section 2:7021 12,702.37
Section 2:7021
100-7021-5115-00 Law Enforcement Services Applied Concepts, Inc Sheriff Equipment - Radar Display 72101 585.83 Vendor Subtotal for Section 2:7021 585.83
Section 2:7021
100-7021-5115-00 Law Enforcement Services Dept of the CA Highway Patrol Traffic Enforcement Svcs - Feb '24 72173 52,760.65 Vendor Subtotal for Section 2:7021 52,760.65
Section 2:7021
100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Lost Hills - Feb '24 72132 823,500.99 100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Traffic Enforcement 2/11 - 2/29/24 72132 7,000.25 100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Liaison 2/17 - 2/29/24 72132 19,118.56 Vendor Subtotal for Section 2:7021 849,619.80
Section 2:7021
AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 12 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount 100-7021-5116-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Beach Team 2/20/24 72132 930.85 Vendor Subtotal for Section 2:7021 930.85
Section 2:7021
100-7021-5119-00 Homeless Outreach and Support Ocean Park Community Center Homeless Svcs - Feb '24 72199 30,497.00 Vendor Subtotal for Section 2:7021 30,497.00
Section 2:7021
100-7021-5340-00 Transportation & Mileage Susan Duenas Reimb - Mileage Mar '24 72112 93.13 Vendor Subtotal for Section 2:7021 93.13
Section 2:7054
100-7054-4203-00 Vision Insurance Blue Shield of California PR 28.03.2024 Vision Care-Raspe-Apr'24 72086 -7.43 Vendor Subtotal for Section 2:7054 -7.43
Section 2:7054
100-7054-4204-00 Dental Insurance Delta Dental of California PR 28.03.2024 Dental Insurance-Raspe-Apr'24 72088 -46.98 Vendor Subtotal for Section 2:7054 -46.98
Section 2:7054
100-7054-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.03.2024 STD/LTD 72092 42.87 Vendor Subtotal for Section 2:7054 42.87
Section 2:7054
100-7054-5300-00 Travel and Training Denise Romo FY 2023-2024 Tuition Reimbursement D. Romo 72152 820.00 Vendor Subtotal for Section 2:7054 820.00
Section 2:7058
AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 13 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount 100-7058-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.03.2024 STD/LTD 72092 15.41 Vendor Subtotal for Section 2:7058 15.41
Section 2:7058
100-7058-5320-00 Recruitment Expense Municipal Resource Group LLC HR Support Svcs - Feb '24 72140 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 28.03.2024 Life Insurance-Rounding 72092 -0.07 Vendor Subtotal for Section 2:7059 -0.07
Section 2:7059
100-7059-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.03.2024 STD/LTD-Rounding 72092 0.02 100-7059-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.03.2024 STD/LTD 72092 3.08 Vendor Subtotal for Section 2:7059 3.10
Section 2:7059
100-7059-5210-00 Service Fees & Charges Public Agency Retirement Srvcs PARS Admin Fee - Jan '24 72146 300.00 Vendor Subtotal for Section 2:7059 300.00
Section 2:7059
100-7059-5640-00 Equipment Maintenance US Bank National Association Toshiba Leases 3/15 - 4/15/24 (4) 72208 2,895.80 Vendor Subtotal for Section 2:7059 2,895.80
Section 2:7059
100-7059-5721-00 Telephone Nextiva, Inc. City Hall Phone Svcs 3/18 - 4/17/24 72143 4,228.57 Vendor Subtotal for Section 2:7059 4,228.57
Section 2:7059
AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 14 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount 100-7059-5721-00 Telephone T-Mobile USA Inc Phone/iPads 2/21 - 3/20/24 72207 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 3/20 - 4/19/24 72212 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 - Toner 72159 525.61 100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Non Departmental 72203 741.36 Vendor Subtotal for Section 2:7059 1,266.97
Subtotal for Section 1: 100 1,174,938.26
Section 1: 101
Section 2:0000
101-0000-3419-00 Credit Card Fees Anshul Vaswaney Ref - Credit Card Fee 72166 7.49 Vendor Subtotal for Section 2:0000 7.49
Section 2:0000
101-0000-3421-00 Planning Review Fees Anshul Vaswaney Ref - Sign Permit 23-015, 22333 PCH 72166 248.00 Vendor Subtotal for Section 2:0000 248.00
Section 2:0000
101-0000-3425-00 CA Bldg Standards Surcharge CA Building Standards Commis. Building Standards Admin Fee - 4th Quarter 2023 (Oct-Dec) 72105 1,810.80 101-0000-3425-00 CA Bldg Standards Surcharge CA Building Standards Commis. Building Standards Admin Fee - 3rd Quarter 2023 (Jul-Sep) 72105 1,068.30 Vendor Subtotal for Section 2:0000 2,879.10
Section 2:2001
AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 15 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount 101-2001-4203-00 Vision Insurance Blue Shield of California PR 28.03.2024 Vision Care-Valencia-Mar'24 72086 -9.45 101-2001-4203-00 Vision Insurance Blue Shield of California PR 28.03.2024 Vision Care-Baker-Apr'24 72086 -9.45 Vendor Subtotal for Section 2:2001 -18.90
Section 2:2001
101-2001-4204-00 Dental Insurance Delta Dental of California PR 28.03.2024 Dental Insurance-Valencia-Mar'24 72088 -50.06 101-2001-4204-00 Dental Insurance Delta Dental of California PR 28.03.2024 Dental Insurance-Baker-Apr'24 72088 -50.06 Vendor Subtotal for Section 2:2001 -100.12
Section 2:2001
101-2001-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.03.2024 STD/LTD 72092 170.50 Vendor Subtotal for Section 2:2001 170.50
Section 2:2001
101-2001-5100-00 Professional Services Rincon Consultants, Inc Malibu Housing Element Update - Jan '24 72151 13,455.50 101-2001-5100-00 Professional Services Rincon Consultants, Inc Malibu Housing Element Update - Feb '24 72200 11,423.25 101-2001-5100-00 Professional Services Rincon Consultants, Inc Planning Consultant Svcs - Feb '24 72200 17,957.00 101-2001-5100-00 Professional Services Rincon Consultants, Inc Planning Consultant Svcs - Jan '24 72200 13,176.75 Vendor Subtotal for Section 2:2001 56,012.50
Section 2:2001
101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 20223 Piedra Chica Rd - APR 23-074 72127 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 20826 Big Rock Dr - APR 20-034 72128 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 22521.5 Pacific Coast Hwy - CDP 23-01772129 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 23334 Malibu Colony - APR 23-059 72130 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 5900 Kanan Dume Rd - APR 24-004 72131 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 29225 Cliffside Dr - ACDP 23-062 72191 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 32223 Pacific Coast Hwy - DMW 22-001 72192 75.00 Vendor Subtotal for Section 2:2001 525.00
Section 2:2001
101-2001-5340-00 Transportation & Mileage Hani Baker Reimb - Roundtrip CH/Live Scan 72172 19.43 AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 16 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2001 19.43
Section 2:2001
101-2001-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Public Hearing 10-Day 3/21/24 72095 186.66 101-2001-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Public Hearing 21-Day 3/21/24 72095 186.66 101-2001-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Public Hearing 21-Day 3/7/24 72170 143.82 101-2001-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Public Hearing 10-Day 3/7/24 72170 125.46 Vendor Subtotal for Section 2:2001 642.60
Section 2:2001
101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - 6754 Dume Dr 72110 166.30 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - 7145 Fernhill Dr 72110 197.53 Vendor Subtotal for Section 2:2001 363.83
Section 2:2004
101-2004-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.03.2024 STD/LTD 72092 70.61 Vendor Subtotal for Section 2:2004 70.61
Section 2:2004
101-2004-5100-00 Professional Services Kimley-Horn and Associates Inc Task 10: Dark Sky Analysis - Feb '24 72189 20,000.00 Vendor Subtotal for Section 2:2004 20,000.00
Section 2:2004
101-2004-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Public Hearing 3/7/24 & 3/14/24 72170 116.28 101-2004-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Public Hearing 3/7/24 & 3/14/24 72170 116.28 Vendor Subtotal for Section 2:2004 232.56
Section 2:2004
101-2004-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Bldg Safety 72159 156.53 101-2004-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Bldg Safety 72203 60.71 AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 17 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2004 217.24
Section 2:2010
101-2010-4203-00 Vision Insurance Blue Shield of California PR 28.03.2024 Vision Care-Quinto-Apr'24 72086 9.45 Vendor Subtotal for Section 2:2010 9.45
Section 2:2010
101-2010-4204-00 Dental Insurance Delta Dental of California PR 28.03.2024 Dental Insurance-Quinto-Apr'24 72088 50.06 Vendor Subtotal for Section 2:2010 50.06
Section 2:2010
101-2010-4205-00 Life Insurance Standard Insurance Company N2 PR 28.03.2024 Life Insurance-Quinto-Apr'24 72092 8.60 Vendor Subtotal for Section 2:2010 8.60
Section 2:2010
101-2010-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.03.2024 STD/LTD 72092 100.33 Vendor Subtotal for Section 2:2010 100.33
Section 2:2010
101-2010-4213-00 Empast Health Health and Human Resource Center Inc PR 28.03.2024 Employee Assistance-Quinto-Apr'24 72085 1.39 Vendor Subtotal for Section 2:2010 1.39
Section 2:2012
101-2012-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.03.2024 STD/LTD 72092 24.97 Vendor Subtotal for Section 2:2012 24.97
Section 2:3003
101-3003-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.03.2024 STD/LTD 72092 33.73 AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 18 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3003 33.73
Section 2:3003
101-3003-5100-02 CIMP Tetra Tech Inc CIMP Monitoring 1/27 - 2/23/24 72206 36,330.52 Vendor Subtotal for Section 2:3003 36,330.52
Subtotal for Section 1: 101 117,828.89
Section 1: 103
Section 2:0000
103-0000-1017-00 2015 B2 Cash with Fiscal Agent US Bank N.A. COP 2015B Refunding - Interest - City Hall 72162 88,950.00 103-0000-1017-00 2015 B2 Cash with Fiscal Agent US Bank N.A. COP 2015B Refunding - Balance in Lease Fund - City Hall 72162 -1,720.16 Vendor Subtotal for Section 2:0000 87,229.84
Section 2:0000
103-0000-1018-00 Cash with Fiscal Agent US Bank N.A. COP 2016 Refunding (2009A) Interest Expense 72164 276,325.00 103-0000-1018-00 Cash with Fiscal Agent US Bank N.A. COP 2016 Refunding (2009B) Interest Expense 72164 2,125.00 103-0000-1018-00 Cash with Fiscal Agent US Bank N.A. COP 2016 Trancas Property Acquisition - Interest Expense 72164 183,075.00 103-0000-1018-00 Cash with Fiscal Agent US Bank N.A. COP 2016 Refunding (2010D) Interest Expense 72164 1,375.00 Vendor Subtotal for Section 2:0000 462,900.00
Section 2:9050
103-9050-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.03.2024 STD/LTD 72092 5.92 Vendor Subtotal for Section 2:9050 5.92
Section 2:9050
103-9050-5100-00 Professional Services Pacific Coast Elevator Corp. City Hall Elevator/Lift Maint Q4 4/1 - 6/30/24 72099 808.86 Vendor Subtotal for Section 2:9050 808.86
Section 2:9050
AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 19 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount 103-9050-5100-00 Professional Services Landscape Development, Inc. City Hall Landscape Maint - Mar '24 72180 1,393.26 Vendor Subtotal for Section 2:9050 1,393.26
Section 2:9050
103-9050-5610-00 Facilities Maintenance AAA Propane Services, Inc. City Hall Propane 72096 1,546.30 103-9050-5610-00 Facilities Maintenance AAA Propane Services, Inc. City Hall Propane 72096 604.10 Vendor Subtotal for Section 2:9050 2,150.40
Section 2:9050
103-9050-5610-00 Facilities Maintenance ACME Valley Security Services, Inc. Lock Configuration 72098 290.00 Vendor Subtotal for Section 2:9050 290.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance Bear Contractors, Inc. Annual Fire Inspection 72103 3,200.00 Vendor Subtotal for Section 2:9050 3,200.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance Climatec LLC HVAC Tech Support 72107 360.00 Vendor Subtotal for Section 2:9050 360.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance Emergency Lighting Equipment Service Company Inc Emergency Lighting Bi-Annual Preventative Maint 72113 1,400.00 Vendor Subtotal for Section 2:9050 1,400.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance W.W. Grainger,Inc City Hall - Faucet Repair 72119 268.97 Vendor Subtotal for Section 2:9050 268.97
Section 2:9050
103-9050-5610-00 Facilities Maintenance Bob Harts Electric, Inc. City Hall - Electrical Work 72121 409.77 Vendor Subtotal for Section 2:9050 409.77
Section 2:9050
103-9050-5610-00 Facilities Maintenance HD Supply Facilties Maintenance, Ltd City Hall - Janitorial Supplies 72186 722.29 AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 20 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:9050 722.29
Subtotal for Section 1: 103 561,139.31
Section 1: 207
Section 2:3004
207-3004-5100-00 Professional Services Black Gold Industries Hazardous Waste - Feb '24 72104 882.40 Vendor Subtotal for Section 2:3004 882.40
Section 2:3004
207-3004-5100-00 Professional Services FC Management Services, Inc. Electronic/Universal Waste Recycling - Feb '24 72198 250.00 Vendor Subtotal for Section 2:3004 250.00
Section 2:3004
207-3004-5401-00 Advertising & Noticing 13 Stars Media Ad - Organic Recycling 2/29/24 72170 268.00 Vendor Subtotal for Section 2:3004 268.00
Subtotal for Section 1: 207 1,400.40
Section 1: 211
Section 2:7021
211-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Brulte - Feb '24 72132 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 - Feb '24 72137 825.00 215-7070-5931-01 Labor Exchange Malibu Comm Labor Exchange CDBG Day Labor Exchange - Jan '24 72137 825.00 AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 21 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7070 1,650.00
Subtotal for Section 1: 215 1,650.00
Section 1: 292
Section 2:6004
292-6004-5100-00 Professional Services Yeh and Associates Inc Calle del Barco AD 98-2 Monitoring/Maint - Jan '24 72169 2,535.00 Vendor Subtotal for Section 2:6004 2,535.00
Subtotal for Section 1: 292 2,535.00
Section 1: 310
Section 2:9002
310-9002-7901-00 Street Improvements J & H Engineering General Contractors Inc Malibu Park Resurfacing Project 1/16 - 3/15/24 72188 158,697.50 Vendor Subtotal for Section 2:9002 158,697.50
Section 2:9066
310-9066-5100-00 Professional Services GMZ Engineering Inc PCH Signal Synch Project - Feb '24 72184 115,849.35 Vendor Subtotal for Section 2:9066 115,849.35
Section 2:9066
310-9066-5100-00 Professional Services Kimley-Horn and Associates Inc PCH Signal Synch System - Jan '24 72125 36,146.99 Vendor Subtotal for Section 2:9066 36,146.99
Subtotal for Section 1: 310 310,693.84
Section 1: 500
Section 2:0000
500-0000-1015-00 Cash with Fiscal Agent US Bank N.A. COP 2015B Refunding - Balance in Lease Fund - Legacy Park 72162 -1,280.73 500-0000-1015-00 Cash with Fiscal Agent US Bank N.A. COP 2015A Refunding - Balance in Lease Fund - Legacy Park 72163 -4,294.00 AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 22 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount 500-0000-1015-00 Cash with Fiscal Agent US Bank N.A. COP 2015A Refunding - Interest - Legacy Park 72163 122,562.50 500-0000-1015-00 Cash with Fiscal Agent US Bank N.A. COP 2015B Refunding - Interest - Legacy Park 72162 91,000.00 Vendor Subtotal for Section 2:0000 207,987.77
Section 2:7008
500-7008-5100-00 Professional Services Landscape Development, Inc. Legacy Park Landscape Maint/Liners - Mar '24 72180 17,055.29 Vendor Subtotal for Section 2:7008 17,055.29
Section 2:7008
500-7008-5130-00 Park Maintenance Landscape Development, Inc. Legacy Park - Irrigation Repairs 2/15 - 2/16/24 72114 856.37 Vendor Subtotal for Section 2:7008 856.37
Section 2:7008
500-7008-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Supercare Pharmacy 1/4 - 3/6/24 Acct#29152982 72193 190.98 Vendor Subtotal for Section 2:7008 190.98
Section 2:7008
500-7008-5725-00 Other Utilities G.I. Industries Garbage - Ioki Lot Dumpster MCS 2/16 - 2/29/24 72117 815.10 Vendor Subtotal for Section 2:7008 815.10
Section 2:7008
500-7008-6160-00 Operating Supplies Malibu Glass and Mirror, Inc Legacy Park - Tempered Glass for Display Case 72138 154.66 Vendor Subtotal for Section 2:7008 154.66
Subtotal for Section 1: 500 227,060.17
Section 1: 515
Section 2:3010
515-3010-5721-00 Telephone Frontier California Inc Phone - CCWTF 3/8 - 4/7/24 72116 390.67 AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 23 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3010 390.67
Section 2:3010
515-3010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - CCWTF 1/4 - 3/6/24 Acct#29153030 72133 477.46 Vendor Subtotal for Section 2:3010 477.46
Subtotal for Section 1: 515 868.13
Section 1: 601
Section 2:3005
601-3005-6330-00 Vehicle Repair & Maintenance Vasudevan Naicker Car Wash City Vehicles 3/21/24 72142 305.00 Vendor Subtotal for Section 2:3005 305.00
Section 2:3005
601-3005-6500-00 Motor Fuels Wright Express FSC Wex Bank Gas Receipts 2/24 - 3/23/24 72176 1,340.65 Vendor Subtotal for Section 2:3005 1,340.65
Subtotal for Section 1: 601 1,645.65
Section 1: 602
Section 2:7060
602-7060-4203-00 Vision Insurance Blue Shield of California PR 28.03.2024 Vision Care-Relecker-Mar'24 72086 -9.45 Vendor Subtotal for Section 2:7060 -9.45
Section 2:7060
602-7060-4209-00 Disability Insurance Standard Insurance Company N2 PR 28.03.2024 STD/LTD 72092 15.42 Vendor Subtotal for Section 2:7060 15.42
AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 24 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount Section 2:7060
602-7060-5100-00 Professional Services SDI Presence, LLC IT Strategic Plan - Feb '24 72156 11,057.50 Vendor Subtotal for Section 2:7060 11,057.50
Section 2:7060
602-7060-5721-00 Telephone Frontier California Inc Bluffs Park Public Wifi 3/17 - 4/16/24 72182 101.82 602-7060-5721-00 Telephone Frontier California Inc Fiber Optic Svcs 3/15 - 4/14/24 72182 1,630.00 Vendor Subtotal for Section 2:7060 1,731.82
Subtotal for Section 1: 602 12,795.29
Section 1: 710
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Alison Wishard Guerra Ref - A. Guerra Fac Rental Deposit 3/16/24 72185 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-44 Library Event 13 Stars Media Ad - MLSS D. Ambroz 3/14/24 72095 268.00 Vendor Subtotal for Section 2:0000 268.00
Section 2:0000
710-0000-2270-56 Wireless Community Facility Richard Comi Review of WRP 22-017, 19900.5 Big Rock Dr Oct '23 72178 300.00 710-0000-2270-56 Wireless Community Facility Richard Comi Final Review of WP 22-002, 32701.5 PCH B Jul '23 72178 1,737.94 710-0000-2270-56 Wireless Community Facility Richard Comi Review of WRP 22-003, 29251.5 Greenwater Rd Mar '23 72178 600.00 710-0000-2270-56 Wireless Community Facility Richard Comi Review of WP 22-001, 29575.5 PCH Jan '24 72178 480.00 710-0000-2270-56 Wireless Community Facility Richard Comi Review of WRP 22-010, 20155.5 PCH Oct '23 72178 300.00 710-0000-2270-56 Wireless Community Facility Richard Comi Final Review of WP 21-012, 21150 PCH Jul '23 72178 2,476.20 710-0000-2270-56 Wireless Community Facility Richard Comi Review of WRP 22-005, 6848.5 Dume Dr Mar '23 72178 600.00 710-0000-2270-56 Wireless Community Facility Richard Comi Review of WRP 22-004, 7021.5 Fernhill Dr Mar '23 72178 600.00 Vendor Subtotal for Section 2:0000 7,094.14
AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 25 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount Section 2:0000
710-0000-2271-06 LaPaz Ranch EIR Deposit Rincon Consultants, Inc La Paz - Feb '24 72200 4,932.25 710-0000-2271-06 LaPaz Ranch EIR Deposit Rincon Consultants, Inc La Paz - Jan '24 72200 18,558.50 710-0000-2271-06 LaPaz Ranch EIR Deposit Rincon Consultants, Inc La Paz - Dec '23 72200 3,329.50 Vendor Subtotal for Section 2:0000 26,820.25
Subtotal for Section 1: 710 34,432.39
Section 1: 900
Section 2:0000
900-0000-2023-00 Vision Insurance Blue Shield of California PR Batch 70028.03.2024 Vision Care 72086 1,451.09 Vendor Subtotal for Section 2:0000 1,451.09
Section 2:0000
900-0000-2024-00 Dental Insurance Delta Dental of California PR Batch 70028.03.2024 Dental Insurance 72088 8,314.92 Vendor Subtotal for Section 2:0000 8,314.92
Section 2:0000
900-0000-2025-00 Life Insurance Standard Insurance Company N2 PR Batch 70028.03.2024 Life Insurance 72092 1,147.72 Vendor Subtotal for Section 2:0000 1,147.72
Section 2:0000
900-0000-2025-01 Additional Life Insurance Standard Insurance Company N2 PR Batch 70028.03.2024 Additional Life Insurance 72093 355.28 Vendor Subtotal for Section 2:0000 355.28
Section 2:0000
900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70014.03.2024 STD/LTD 72092 3,267.01 900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70028.03.2024 STD/LTD 72092 3,321.91 Vendor Subtotal for Section 2:0000 6,588.92
AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 26 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount Section 2:0000
900-0000-2027-00 Employee Assistance Health and Human Resource Center Inc PR Batch 70028.03.2024 Employee Assistance 72085 118.15 Vendor Subtotal for Section 2:0000 118.15
Section 2:0000
900-0000-2041-00 PARS U.S. Bank PR Batch 70028.03.2024 PARS - EE Share 72094 1,261.53 900-0000-2041-00 PARS U.S. Bank PR Batch 70028.03.2024 PARS - ER Share 72094 264.52 Vendor Subtotal for Section 2:0000 1,526.05
Section 2:0000
900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70028.03.2024 ICMA Def Comp - % of Salary 72089 1,195.41 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70028.03.2024 ICMA Def Comp - Flat Amount 72089 12,525.39 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70028.03.2024 ER Contribution to ICMA 72089 3,150.00 Vendor Subtotal for Section 2:0000 16,870.80
Section 2:0000
900-0000-2042-01 ICMA Loan Program ICMA-MissionSquare Retirement - 303615 PR Batch 70028.03.2024 ICMA Loan Program 72089 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 70028.03.2024 ICMA - City Manager 72090 600.00 Vendor Subtotal for Section 2:0000 600.00
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108650 PR Batch 70028.03.2024 ICMA - Dept Heads 72091 1,000.00 Vendor Subtotal for Section 2:0000 1,000.00
Section 2:0000
900-0000-2065-00 Miscellaneous Withholdings California State Disbursement Unit PR Batch 70028.03.2024 Income Withholding Order-Calif 72087 339.69 AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 27 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 339.69
Subtotal for Section 1: 900 39,073.03
Report Total: 2,508,728.02
AP-Transactions by Account (04/10/2024 - 8:41 AM) Page 28 DocuSign Envelope ID: 9F6150C7-1FDD-4C1D-9B17-1409B9DDCADC

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: April 9, 2024 Meeting date: April 22, 2024 Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the February 14, 2024 Malibu City Council Special meeting, February 22, 2024 Malibu City Council Special meeting, February 26, 2024 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 February 12, 2024, February 22, 2024, and February 26, 2024.

ATTACHMENTS:

February 14, 2024 Special meeting
February 22, 2024 Special meeting
February 26, 2024 Regular meeting
City Council Meeting
04-22-24
Item

3.B.3.
1 Attachment #1

MINUTES

MALIBU CITY COUNCIL

SPECIAL MEETING
FEBRUARY 14, 2024

COUNCIL CHAMBERS
6:30 P.M.

MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 4:00 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 (arrived at 4:03 p.m.), Marianne Riggins, and Bruce Silverstein ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Kelsey Pettijohn, City Clerk; Parker Davis, Media Technician; and Jason Lawrence, Deputy City Clerk

PLEDGE OF ALLEGIANCE
Andy Lyon led the Pledge of Allegiance.

APPROVAL OF AGENDA
MOTION Councilmember Silverstein moved, and Councilmember Riggins seconded a motion to approve the agenda. The motion carried unanimously.

REPORT ON POSTING OF AGENDA
Deputy City Clerk Lawrence reported that the agenda for the meeting was properly posted on February 13, 2024.

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

Speakers: Andy Lyon
Councilmember Grisanti arrived at 4:03 p.m.

Continued Speakers: Glider Lyon, Josh Speigel, Robert Gold, Jo Drummond, and Hamish Patterson
The Council discussed the agenda and directed questions to staff. 2 Malibu City Council
Minutes of February 14, 2024

Page 2 of 2 ends

_________________________

RECESS TO CLOSED SESSION
At 4:20 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. Significant exposure to litigation pursuant to Government Code 54956.9(d)(5) (one case):

Threat of litigation from Scott Gillen made at the Malibu Planning Commission meeting on November 20, 2023 related to the proposed skate park project located at Bluffs Park located at 24250 Pacific Coast Highway.

The Council reconvened at 5:43 p.m. with all Councilmembers present.

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 4:00 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9(d)(5), with all Councilmembers present. He stated the Council discussed the item on the Closed Session agenda and took no reportable action.

ADJOURNMENT
Mayor Uhring adjourned the meeting at 5:43 p.m.

Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
STEVE UHRING, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
3 Attachment #2

MINUTES

MALIBU CITY COUNCIL

SPECIAL MEETING
FEBRUARY 22, 2024

COUNCIL CHAMBERS
11:00 A.M.

MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 11:10 a.m.

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

PLEDGE OF ALLEGIANCE
Robert Gold led the Pledge of Allegiance.

REPORT ON POSTING OF AGENDA
Deputy City Clerk Lawrence reported that the agenda for the meeting was properly posted on February 21, 2024.

APPROVAL OF AGENDA
MOTION Mayor Pro Tem Stewart moved, and Councilmember Riggins seconded a motion to approve the agenda. The motion carried 4-1, Councilmember Silverstein opposed.

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

Speakers: Robert Gold, Hamish Patterson, and Jo Drummond The Council discussed the agenda and directed questions to staff and Mr. Gold.

MOTION
Councilmember Grisanti moved, and Mayor Pro Tem Stewart seconded a motion to recess to Closed Session.

The Council discussed the agenda and directed questions to staff. 4 Malibu City Council
Minutes of February 22, 2024

Page 2 of 3 ends

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

RECESS TO CLOSED SESSION
At 11:37 a.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. Case Name: Significant exposure to litigation pursuant to Government Code 54956.9(d)(2) (one case):

At 11:37 a.m., Councilmember Silverstein left the meeting.

The Council reconvened at 1:13 p.m. with Mayor Uhring, Mayor Pro Tem Stewart, and Councilmembers Grisanti and Riggins present.

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 11:10 a.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9(d)(2), with Councilmember Silverstein absent from the Closed Session. He stated no settlement was reached. He stated the Council authorized him to disclose a potential settlement will be put forward at the February 26, 2024 Regular meeting. He stated the details of the proposed settlement will be published in a staff report today or tomorrow.

He stated the settlement would include consideration of an alternative design for one element of the skate park design, additional landscaping, shifting of the skate park 10 feet away from the Case property. He stated the terms of the settlement agreement will be posted after the initial staff report. He stated the skate park appeal will be recommended by staff to be heard at the March 11, 2024 Regular meeting.

ADJOURNMENT
Mayor Uhring adjourned the meeting at 1:14 p.m.

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

MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
FEBRUARY 26, 2024

COUNCIL CHAMBERS
6:30 P.M.

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

1. Case Name: City’s Petition to Form Malibu USD from Territory in the Santa Monica-Malibu USD

REGULAR SESSION CALL TO ORDER
Mayor Uhring called the meeting to order at 6:35 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; 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 7 Malibu City Council
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Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Parker Davis, Media Technician; Jason Lawrence, Deputy City Clerk; Kate Manisco, Recreation Manager; and Brandie Ayala, Administrative Analyst

PLEDGE OF ALLEGIANCE
Andy Lyon led the Pledge of Allegiance.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on February 16, 2024, with the amended agenda posted on February 23, 2024.

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 5:30 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9(d)(1), with all Councilmembers present. He stated the Council discussed the items on the Closed Session agenda and took no reportable action.

APPROVAL OF AGENDA
In response to Councilmember Silverstein, Interim City Attorney Rusin explained that Item No. 4.A. would be continued upon approval of the agenda. He stated the Council could choose to consider that item separately.

MOTION Councilmember Silverstein moved to approve the agenda and consider Item No.

4.A. separately.

FRIENDLY AMENDMENT
Councilmember Grisanti moved to hear Item No. 6.D. after the Consent Calendar.

The Council discussed the amendment and directed questions regarding Item No.

6.D. to Interim City Attorney Rusin.

The motion was withdrawn.

MOTION Councilmember Silverstein moved to approve the agenda and hear Item Nos. 4.A. and 6.D. concurrently after the Consent Calendar.

The Council discussed the motion and directed questions to Interim City Attorney Rusin.

FRIENDLY AMENDMENT
Councilmember Silverstein moved to approve the agenda, hearing Item No. 6.D after the Consent Calendar and considering Item No. 4.A. separately. 8 Malibu City Council
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Councilmember Grisanti seconded the motion.

The motion carried unanimously.

MOTION Mayor Pro Tem Stewart moved, and Mayor Uhring seconded a motion to adjourn the meeting in memory of Jose Alfonso. The motion carried unanimously.

ITEM 1 CEREMONIAL/PRESENTATIONS
A. Presentation of Commendations to Los Angeles County Sheriff’s Deputies Francisco Espinoza, Jake Lobato, Daniel Bautista, and Rick Vigil for their Rescue of a Drowning Individual
Mayor Uhring and Public Safety Director Dueñas presented the commendations to Los Angeles County Sheriff’s Deputies Francisco Espinoza, Jake Lobato, Daniel Bautista, and Rick Vigil.

ITEM 2.A. PUBLIC COMMENTS
Tim Pera, Mountains Recreation and Conservation Authority Ranger, provided the January 2024 Ranger activity report. He reported there were 361 citations issued and illegal signs were removed at a Malibu Road beach accessway. He reported that they implemented beach and road closures at all access points during the recent rain events. He reported extended ranger patrols were conducted for public safety and illegal parking issues and no service calls were generated. He reported two citations were issued for dogs on Lechuza Beach, eight citations for illegal off trail use at Escondido Trail, and two for dogs off leash.

Norm Haynie discussed an incident the past Sunday afternoon while traveling eastbound on Pacific Coast Highway (PCH) past Kanan Dume Drive. He stated that a large motorcyclist group was speeding and splitting lanes, posing danger had any of the cars changed lanes abruptly.

Jill Hawkins presented a video on vaccines. She discussed vaccine mandates for schools, vaccine status discrimination, and her concerns about the safety of vaccines and advocated for natural immunity.

Greg Bonann stated that he was a 50-year Los Angeles County lifeguard and a junior lifeguard instructor for the past ten years. He discussed the Malibu Marlins and Malibu Seawolves swim teams. He discussed Coach Erik Ran’s separation from the Malibu Seawolves and stated he supported the Malibu Marlins and Coach Ran. He stated that the Malibu Marlins were more democratic, and the members and parents had more influence in decision making rather than having a board of directors like the Seawolves had. He stated he would only support a merger of the two teams if the resulting entity was democratic. He commented on the need for swim lanes for the Marlins.
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Leslie Lehman, Shannon Ravenshear, Steve Sturdivant, Kristin Murray, John Paul Peratis, and Robert Baldwin deferred time to Coach Ran.

Erik Ran introduced himself as the former coach of the Seawolves and current coach of the Marlins at Malibu High School in the mornings. He stated that he was overwhelmed by the support of the community. He provided a summary of his career as a competitive swimmer and his accomplishments. He stated 95 percent of the total Malibu swim community was happy with his efforts and the success they had as a team under his leadership. He stated that he grew the program significantly since he was hired by the Seawolves more than four years prior. He discussed sharing the pool with other participants from the community and treating them with respect. He discussed his support for the community and the Marlins swim team and requested afternoon pool time for the Marlins. He offered to share the early morning pool time with the Seawolves.

Jennifer Gonzalez indicated agreement with Coach Ran’s comments and discussed her experience as a high school teacher for 30 years. She stated that some of the students who swam at 6:30 a.m. having a hard time staying awake in class. She stated that sharing lanes was a simple solution. She stated that Malibu Middle and High Schools had changed their start time to align with State law for students to get more sleep. She stated that there were empty swim lanes in the afternoon and recommended lane sharing.

Olea Brinkmann discussed her experience as a member of the Malibu Marlins swim club and stated that she was formerly a member of the Seawolves, but transitioned to the Marlins after Coach Ran was let go. She stated that she swam at 6:30 a.m., got up at 5:30 a.m., and then hurried home to get ready to arrive at school on time. She stated she wanted to swim with Coach Ran and requested afternoon pool access.

Lesley Budacz discussed her son’s experience with Coach Ran and stated he joined the Marlins to continue his training under Coach. She stated that the early morning swim time was a hardship and requested afternoon pool access.

Roko Belic discussed his daughter’s participation in the Seawolves as a blue team captain and that she felt responsible to her teammates for the impact of losing Coach Ran. He stated the Malibu Aquatics Foundation board of directors was against meaningful community input. He stated that being provided with swim lanes in the afternoon would be helpful, but he was most concerned that the City supported the non-democratic organization Seawolves.

Viva Belic stated she was a current member of the Malibu Seawolves. She discussed her positive experience with Coach Ran and how his separation was shared with the team after the fact negatively impacted her and her teammates.

She stated she preferred to swim with the Marlins if they could get afternoon pool time because the 6:30 a.m. start-time was too early. She stated the Seawolves’ board did not listen to program participants, and requested they become a 10 Malibu City Council
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democratic organization.

Scott Hubbell discussed his extensive participation in swimming. He stated that when he did his morning laps, he saw Coach Ran’s coaching style and how it empowered youth.

Taylor Murray discussed her and her brother’s experience swimming with Coach Ran. She stated that the Marlins swim team was formed after Coach Ran was let go from the Seawolves. She discussed the hardships of getting up early for swim lane access and stated her brother could no longer attend the morning swim sessions because his elementary school start time conflicted. She requested afternoon pool time for the Malibu Marlins.

Jason Petta discussed his four daughters, two of which were swimmers. He stated that it was unprofessional and disruptive to change a coach mid-season.

Robert Jordan stated he was a former Seawolves coach and discussed his positive experiences living in Malibu. He stated that he was impressed by the community participation and the dedication demonstrated by the Marlins members starting their swimming so early and requested granting afternoon pool time.

Lawrence Myers discussed how sports fields were shared between Malibu Little League and Pony League. He discussed annual community meetings held by Malibu Little League that were noticed in the local newspaper, where public input was accepted, and a board of directors was selected. He stated that monthly meetings were public and posted in advance. He stated that City resources should be directed to organizations that operated in that manner. He discussed the hardship swimming in the mornings was for his daughter and requested afternoon pool access for the Marlins.

Marshall discussed his experience with Coach Ran and the impressive progress he made during that time. He discussed the importance of sleep for growing youth and stated he was not able to participate in the Malibu Marlins because of the early start time and requested afternoon pool access.

Ani Dermejian discussed Coach Ran’s coaching of her sons and stated that his coaching style struck a perfect balance of coaching, mentoring, humor, and fostering open communication with parents regarding their children’s progress.

She stated that it was disappointing to hear of his sudden departure and the lack of professionalism surrounding his dismissal. She requested the Seawolves’ board of directors engage parents with transparency in their decision-making process like the Marlins did. She requested the teams be brought back together, or afternoon pool time be provided for the Marlins.

Robert Shorr discussed the value of the pool to the community. He discussed Coach Ran’s dedication and positive impact on his daughter and other swimmers.

He requested support for Coach Ran. He discussed the prior week’s cancellation 11 Malibu City Council
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of the Parks and Recreation Commission meeting.

Charmaine Mark, Dawn Ericson, and Ingrid Shoshan deferred time to Mr.

Brinkmann
Robert Brinkmann discussed his interactions with the Malibu Aquatics Foundation when he learned Coach Ran was terminated and stated that was the reason the Malibu Marlins swim team was founded. He stated that the Marlins organization was designed democratically and transparently. He commented on the Parks and Recreation Commission meeting cancellations and the Marlins’ limited opportunities to provide input to the City. He discussed problems associated with combining the two swim clubs, because it would still be run undemocratically. He discussed reasons provided for Coach Ran’s termination centered around one parent who felt her children were not being pushed enough.

He stated that the Marlins obtained their early morning pool time directly from the school district. He stated that the Seawolves terminated a second coach due to lack of funds caused by the split in the swim teams. He discussed the Marlins’ attempts to obtain pool access through interactions with City staff and requested the Council’s assistance.

In response to the audience, Mayor Uhring reminded speakers that their slips needed to be submitted before the item was called.

Christopher Dermejian discussed Erik Ran’s coaching and the positive impact he had on his swimming and life. He requested more access to swimming pool lanes in the afternoons for the Marlins.

Macloud Shoshan discussed his love of swimming and the challenges of waking up at 5:00 a.m. to attend the 6:30 a.m. swim sessions with the Marlins.

David Shoshan discussed Coach Ran’s dedication, reliability, and support of the community’s youth. He requested Marlins’ access to the pool in the afternoons for his younger children to be able to start swimming.

Benjamin stated that he lived near the beach public access on Malibu Road and witnessed many individuals sleeping in their cars on Malibu Road. He suggested parking restrictions including the installation of parking prohibition signage and permitted parking.

Don Schmitz discussed Sea Level Drive storm damage and discussed the emergency coastal development permits (CDP) issued by the City. He commended staff on their work on the emergency CDPs.

Nelly discussed her daughter's participation in the Seawolves because the Marlins start time was too early. She stated that the Seawolves had run out of money and let one of their coaches go and she was considering outlying communities for her daughter to swim. She stated that there was much community support for Coach 12 Malibu City Council
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Ran and that a merger should be considered.

Amora Magna discussed American Youth Soccer Organization and Malibu Little League and scheduling conflicts for field space with outside organizations. She discussed the limited resources and facilities available for youth sports in the City.

She expressed her support for the Marlins obtaining afternoon pool lane use. She discussed the positive impact that sports had on her five children.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES Dane Skophammer, Parks and Recreation Commissioner, apologized for the cancellation of the last Parks and Recreation Commission meeting. He discussed the formation of the Independent Contract Ad Hoc Committee and their work reviewing the City’s recreation program contacts, the pool schedule, and regulations regarding the maximum number of swimmers allowed per lane. He stated the Commission had discussed giving the two swim groups time to resolve their issues independently. He stated the Independent Contract Ad Hoc Committee had set up a meeting with both swim club presidents on March 4, 2024. He stated a deadline had been set to open a Request for Qualifications (RFQ) if the swim clubs did not reach a resolution.

In response to Councilmember Riggins, Commissioner Skophammer stated the RFQ would be opened after the March 19, 2024 Parks and Recreation Commission meeting.

In response to Councilmember Riggins, Community Services Director Riesgo stated staff would plan to release the RFQ on April 1, 2024 and it would be open for 4-6 weeks. She stated a panel would review the proposals and provide feedback to staff.

In response to Mayor Pro Tem Stewart, Commissioner Skophammer stated the City had a contract with the Malibu Aquatics Foundation and it had been continuously renewed over the years. He stated the Independent Contract Ad Hoc Committee would recommend a narrower timeframe in the future.

Councilmember Riggins stated the agreement was quarterly, but the swim program typically lasted a year.

In response to Councilmember Silverstein, Commissioner Skophammer stated it was an at-will contract. He stated offering the two programs at the same time would require additional staff on the pool deck and separating the swimmers by lane.

In response to Councilmember Silverstein, Community Services Director Reisgo explained that the contract was quarterly and could only be terminated early if the program did not meet the minimum enrollment requirement. 13 Malibu City Council
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Councilmember Silverstein stated all the contracts for the City he had seen had a termination provision and it was typically one month.

In response to Councilmember Silverstein, Community Services Director Riesgo confirmed that the swim program contract had a three-month termination. She explained that the pool was only open two and a half to three hours MondayFriday.

Commissioner Skophammer stated there may be a resolution to the swim issue by the end of the month.

City Manager McClary discussed the recent storm events and staff response. He stated Malibu Canyon had reopened and repairs had been completed near Sycamore Canyon. He discussed the lane closure and traffic signal issues last week near Corral Canyon. He stated staff worked with the Sheriff’s Department to arrange traffic control and Caltrans repaired the signal on Friday. He stated some property owners had damage from the storms and discussed assistance available from the City and Los Angeles County. He stated he had reached out to California Coastal Commission staff to discuss their concerns regarding some improperly installed coastal access signs that had bee removed from the City’s right-of-way the previous year. He stated staff had scheduled a kick-off meeting for the vacant land outreach project. He announced Senator Ben Allen had introduced a bill to allow speed cameras on PCH and it was supported by Assemblymember Jacqui Irwin. He stated CHP and the Sheriff’s Department continued to increase enforcement on PCH. He stated CHP had issued 226 citations since his last report, 220 were for speeding and one drive was pulled over for driving over 100 mph. He stated a Special Planning Commission meeting was scheduled for March 8, 2024 to consider the crosswalk project continued at the last Planning Commission meeting. He announced the General Fund Grant program application period would close on March 29, 2024. He announced that the City’s Draft Housing Element was submitted to HCD for review on February 7, 2024. He stated if HCD found the Housing Element to be in compliance, public hearings would be scheduled for the Planning Commission and City Council. He stated the Farmers Market has resumed operating in the Malibu Library parking lot. He announced the City had launched a new queuing system for counter services. He stated he attended a Las Virgenes-Malibu Council of Governments meeting with Councilmember Grisanti and Mayor Pro Tem Stewart. He stated he met with the Marine Mammal Care Center. He stated he attended the placement of another tire at the ghost tire memorial for Jose Alfonso. He stated staff planned to meet with the new District Superintendent for State Parks.

Sergeant Chris Soderlund, Los Angeles County Sheriff Department, discussed an accident on February 13, 2024 involving a car and a big-rig trailer on PCH west of Decker Canyon. He discussed two locals who were able to rescue the driver and passenger from the ensuing car fire. He discussed another accident on February 22, 2024 on PCH was of Trancas Canyon. He stated one of the drivers 14 Malibu City Council
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was arrested for reckless driving and DUI. He discussed the recent storms and road closures on Malibu Canyon, PCH, Corral Canyon, and Las Flores. He commended Caltrans and Public Works crews for their work clearing debris. He encouraged everyone to drive slowly through the rain and keep their headlights on.

In response to Mayor Pro Tem Stewart, Sergeant Soderlund stated the accident near Decker Canyon was caused by inattention.

In response to Mayor Uhring, Sergeant Soderlund stated deputies routinely patrolled near Trancas and Las Tunas for vehicles violating overnight parking ordinances and he would add Malibu Road to the patrol.

Councilmember Silverstein stated the City had a no camping ordinance that could be enforced.

Sergeant Soderlund encouraged the residents to report concerns in their neighborhood.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti stated he attended a COG meeting with Mayor Pro Tem Stewart and City Manager McClary. He stated he attended a hearing in Santa Monica with the Draft EIR Committee for the Topanga Lagoon Restoration project. He stated another meeting would be held at Topanga, but there would not be any hearings in Malibu. He stated when the EIR was complete the City would receive copies and would be part of the approval process for the EIR. He discussed the significant scope of the project.

Councilmember Riggins stated she attended the ghost tire installation. She stated she hoped all the swim groups would stay engaged with the City’s outreach on potential uses for the vacant land. She discussed the public interest in hiking to Escondido Falls in the spring and summer after heavy rains and requested MRCA prepare for the crowds. She stated she understood the challenge of early swim times and she had participated in early zero-period swim team during school. She stated she hoped the Ad Hoc Committee could help the community reach a resolution.

Councilmember Silverstein thanked the speakers and those who submitted written comments. He discussed the Special Planning Commission meeting on March 8, 2024 and stated he had watched the first hearing and expressed concern that the crosswalk was no approved considering the public safety issues on PCH. He stated he had been contacted by an attorney representing the Trancas Market regarding their CUP application for events. He stated the Planning Commission had not approved the CUP because the Council would be considering an unrelated Temporary Use Permit Ordinance and expressed concern that it was tone-deaf. In response to Benjamin, he expressed sympathy and stated the City’s ordinance 15 Malibu City Council
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needed to be given force. He thanked the public speakers from the swim groups for participating in the meeting. He discussed a letter shared by the Seawolves after Coach Ran was let go and discussed the values of the two swim programs.

He discussed the importance of swimming and stated there needed to be a way to allow both groups to swim in the afternoon. He stated he hoped an item would be brought before the Council. He discussed the importance of following the rules and procedures of the meeting. He encouraged the swim teams to compromise.

Mayor Pro Tem Stewart discussed the commendations presented tonight and the deputies’ heroic actions. He discussed how the CCC needed to approve parking signs on PCH and other streets in the City. He discussed his experience with swimming and the Malibu Education Foundation grant for a school athletics pathway. He discussed outreach for vacant land to identify the most needed facilities. He stated the pool was owned by the school and the City had limited hours. He stated he attended a COG meeting and served as a judge for Boys and Girls Club Youth of the Year scholarship. He commended Public Works and Caltrans for their response to the recent storm events and discussed the mud and rockslides. He discussed the new ghost tire for Jose Alfonso and devastating impact these deaths had on families. He indicated support for Councilmember Silverstein’s comments on the PC crosswalk hearing. He encouraged the public to set the pace on PCH.

Mayor Uhring thanked the speakers and expressed concern that students were getting up so early for swim practice. He commended Caltrans, Public Works, and Los Angeles County for storm response and repairs. He stated there was another rainstorm forecasted for this weekend and cautioned the public to drive carefully. He stated he attended the ghost tire installation and stated the City needed to take action on PCH safety. He stated it was important to involve the Pepperdine community in PCH safety efforts. He discussed a potential bond measure for school improvements and stated there would be a survey soon. He discussed Los Angeles County’s no-bail policy and stated he had a call with a District Attorney candidate.

Interim City Attorney Rusin cautioned the Councilmembers that they could not make political endorsements during the meeting. He explained that City resources could not be used for pollical endorsements.

ITEM 3 CONSENT CALENDAR
Item Nos. 3.B.6. and 3.B.7. were pulled by the public. Item Nos. 3.B.6., 3.B.9.,

3.B.12. were pulled by the Council.

MOTION Councilmember Silverstein moved, and Mayor Pro Tem Stewart seconded a motion to approve the Consent Calendar, pulling Item Nos 3.B.6., 3.B.7., 3.B.9., and 3.B.12. The motion carried unanimously.

The Consent Calendar consisted of the following items:
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A. Previously Discussed Items

1. Second Reading and Adoption of Ordinance No. 515
Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 515 determining the project is categorically exempt from the California Environmental Quality Act and adding Chapter 15.30 to Title 15 of the Malibu Municipal Code (MMC) to create a process to regulate exterior elevated elements within the City.

B. New Items

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 71512-71653 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. 741 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,405,039.46. City of Malibu payroll check number 5407-5410 and ACH deposits were issued in the amount of $409,692.21.

3. Approval of Minutes
Recommended Action: Approve the minutes for the August 16, 2023 Malibu City Council Special meeting, August 28, 2023 Malibu City Council Regular meeting, and September 11, 2023 Malibu City Council Regular meeting.

4. Initiate Amendments to Malibu Municipal Code Chapter 17.41 (Malibu Dark Sky)
Recommended Action: 1) Adopt Resolution No. 24-06 initiating an amendment to Malibu Municipal Code (MMC) Chapter 17.41 (Malibu Dark Sky); and 2) Direct staff to schedule a Planning Commission hearing to consider amendments to MMC Chapter 17.41.

5. Approval of Final Parcel Map No. 82250
Recommended Action: Adopt Resolution No. 24-07 approving the Final Parcel Map No. 82250, Assessor Parcel Number 4450-005-024 at 20550 Pacific Coast Highway, for recordation.

8. Memorandum of Understanding with Los Angeles County Flood Control District
Recommended Action: Authorize the Mayor to execute a Memorandum of Understanding with Los Angeles County Flood Control District in the amount of $500,000 for the Civic Center Water Treatment Facility – Phase

2. 10. Investment Report for the Month Ending January 31, 2024 Recommended Action: Receive the Investment Report for the month ending January 31, 2024.

11. Amendment to Professional Services Agreement with Civic Solutions, Inc.

Recommended Action: Authorize the Mayor to execute Amendment No. 2 to Agreement with Civic Solutions, Inc. for planning contract services to 17 Malibu City Council
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extend the term of the agreement, amend the schedule of fees, and to increase the total compensation.

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

6. Professional Services Agreement for City Hall Solar Power Project Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Kimley-Horn in the amount not to exceed $290,320 for engineering design services for the City Hall Solar Power Project.

Public Works Director DuBoux presented the staff report.

The Council directed questions to staff.

Mayor Uhring opened the floor to public comment.

Speakers: 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 Mayor Pro Tem Stewart moved, and Councilmember Grisanti seconded a motion to authorize the Mayor to execute a Professional Services Agreement with Kimley-Horn in the amount not to exceed $290,320 for engineering design services for the City Hall Solar Power Project.

The Council discussed the motion.

Mayor Pro Tem Stewart withdrew the motion.

MOTION Councilmember Silverstein moved, and Councilmember Riggins seconded a motion to direct staff to prepare a feasibility analysis of the City Hall Solar Power Project The motion carried unanimously.

7. Los Angeles County Measure M Transportation Funding Agreement Recommended Action: Authorize the Mayor to execute the Los Angeles County Measure M Funding Agreement for the Pacific Coast Highway Pedestrian Undercrossing at Malibu Seafood Project.

Mayor Uhring opened the floor to public comment.

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

The Council discussed the item and directed questions to staff.

MOTION Councilmember Grisanti moved, and Mayor Pro Tem Stewart seconded a motion to authorize the Mayor to execute the Los Angeles County Measure M Funding Agreement for the Pacific Coast Highway Pedestrian Undercrossing at Malibu Seafood Project. The motion carried 4-1, Councilmember Silverstein opposed.

9. Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway (PCH) Recommended Action: Adopt Resolution No. 24-08 extending the declaration of the existence of a local emergency related to the increase of reckless and illegal driving on pacific coast highway and directing staff to coordinate efforts with other governmental agencies to increase attention and create programs to reduce the risk and danger associated with Pacific Coast Highway in the City.

The Council discussed the item and directed questions to staff.

MOTION Councilmember Silverstein moved, and Councilmember Grisanti seconded a motion to adopt Resolution No. 24-08 extending the declaration of the existence of a local emergency related to the increase of reckless and illegal driving on pacific coast highway and directing staff to coordinate efforts with other governmental agencies to increase attention and create programs to reduce the risk and danger associated with Pacific Coast Highway in the City. The motion carried unanimously.

12. Report on Planning Clearances Issued for Formula Retail Businesses within Cross Creek Ranch Shopping Center (Location: 23465 Civic Center Way) pursuant to Settlement Agreement between City of Malibu and Cross Creek Ranch Malibu, LLC
Recommended Action: Receive and file the Planning Director’s report on planning clearances issued for formula retail businesses Kith, Kith Treats, Le Labo, Ray-Ban, and Pura Vida Miami to the City Council, pursuant to the Settlement Agreement between the City of Malibu and Cross Creek Ranch Malibu, LLC.

The Council discussed the item and directed questions to staff.

Without objection, Mayor Uhring received and filed the Planning Director’s report on planning clearances issued for formula retail businesses Kith, Kith Treats, Le Labo, Ray-Ban, and Pura Vida Miami to the City Council, pursuant to the Settlement Agreement between the City of Malibu and Cross Creek Ranch Malibu, LLC.
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ITEM 6 NEW BUSINESS
D. Potential Settlement Agreement Regarding Dispute with Owner of Adjacent Property (600 Spring LLC) Related to Proposed Skatepark located at 24250 Pacific Coast Highway
Recommended Action: Consider proposed settlement agreement and approve the agreement (with or without modifications), decline to enter the agreement, or provide further direction to staff.

Interim City Attorney Rusin, Community Services Director Riesgo, Planning Director Mollica, and Jaxon Statzell (California Skateparks) presented the staff report.

The Council directed questions to staff.

Mayor Uhring opened the floor to public comment.

Speaker: Jason Petta, Robert Gold (Mitch Menzer and Scott Gillen deferred time to Mr. Gold), Andy Lyon (Glider Lyon deferred time to Mr. Lyon), Jo Drummond, Heather Gardner, Billie McGinley, Finn Murphy, Alicia Peak, Damon Way, Howard Rudzki, Hamish Patterson, Regan Schaar, Josh Spiegel, and Ryan Embree
Samantha Arcese and Robert Jordan were not present 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 and directed questions to staff.

MOTION Councilmember Silverstein moved to direct staff to: 1) bring back a settlement agreement including the following terms: a) Mr. Gillen will indemnify the City from any cost from against any objection by a third part, b) any further delays to the project would void the settlement agreement, c) a substantial payment to build the skatepark; and 2) publish the staff report for the appeal for the March 11, 2024 Regular meeting.

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

FRIENDLY AMENDMENT
Mayor Uhring seconded the motion and moved to hear the appeal before considering the settlement agreement.

The amendment was accepted by the maker of the motion.

SUBSTITUTE MOTION
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Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to direct staff to schedule a Special meeting on March 4, 2024 at 6:30 p.m. to consider a potential settlement agreement regarding a dispute with the owner of the adjacent property (600 Spring LLC) related to the proposed skatepark located at 24250 Pacific Coast Highway.

The Council discussed the item and directed questions to staff.

At 11:13 p.m. Councilmember Grisanti left the dais.

RECESS At 11:13 p.m., Mayor Uhring recessed the meeting. The meeting resumed at 11:20 p.m. with all Councilmembers present.

The Council discussed the item and directed questions to staff.

FRIENDLY AMENDMENT
Councilmember Riggins made a friendly amendment to her motion and moved to include the following in the settlement agreement language: a) instead of recording the agreement against the properties, $150,000 would be due up front and Mr. Gillen would be personally responsible for the financial commitments in the agreement, b) if the trees planted pursuant to the agreement die, the City has an obligation to replace them for only the first 10 years after the skate park opens, c) trees will not be installed until after construction, and d) add a provision requiring 600 Spring to indemnify and hold the City harmless against third party challenges to the settlement.

The amendment was accepted by the seconder of the motion.

FRIENDLY AMENDMENT
Councilmember Silverstein made a friendly amendment to Councilmember Riggins’s motion and moved to consider the settlement at the March 11, 2024 Regular meeting before appeal.

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

The question was called to consider the substitute motion before the original motion and it carried 3-2, Councilmember Silverstein and Mayor Uhring opposed.

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

The Council discussed the agenda.

City Clerk Pettijohn clarified that the Council would need to continue Item No.4.A. to the March 11, 2024 meeting to avoid re-noticing the public hearing.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
21 Malibu City Council
Minutes of February 26, 2024

Page 16 of 18 ends

_________________________
A. Appeal No. 23-008 - Appeal of Planning Commission Resolution No. 23-52 (Skatepark at 24250 Pacific Coast Highway; Appellant, 600 Spring LLC) Recommended Action: Continue the item to the March 11, 2024 City Council meeting.

MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to continue the item to the March 11, 2024 City Council meeting.

The Council discussed the motion and directed questions to staff.

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

MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to hear Item No. 4.B. after 10:30 p.m. The motion carried unanimously.

B. Approval of Use of Community Development Block Grant (CDBG) funds for Fiscal Year 2023-2024
Recommended Action: 1) Conduct the public hearing; and 2) Adopt Resolution No. 24-09 authorizing and approving the use of $9,791 in CDBG Funds for Malibu Community Labor Exchange (MCLE) and the use of $55,485 in CDBG Funds for a permanent trailer for MCLE.

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 and directed questions to staff.

MOTION Councilmember Grisanti moved, and Councilmember Silverstein seconded a motion to adopt Resolution No. 24-09 authorizing and approving the use of $9,791 in CDBG Funds for Malibu Community Labor Exchange and the use of $55,485 in CDBG Funds for a permanent trailer for MCLE. The motion carried unanimously.

ITEM 5 OLD BUSINESS
None.

ITEM 6 NEW BUSINESS (Continued)
A. Strategic Plan Project Update (Continued from February 12, 2024) Recommended Action: Receive and file a progress report on the Strategic Plan Projects.
22 Malibu City Council
Minutes of February 26, 2024

Page 17 of 18 ends

_________________________
This item was continued to the March 11, 2024 Regular meeting.

The Council discussed the agenda.

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

B. Wastewater and Recycled Water Rate Study and Proposed Rates Recommended Action: 1) Receive presentation on the 2024 Wastewater and Recycled Water Rate Study; 2) Authorize the mailing of the Proposition 218 notices to the affected property owners; and 3) Direct staff to schedule a Public Hearing for the April 22, 2024 City Council meeting to establish wastewater and recycled water service rates for Fiscal Years 2024-25, 2025-26, 2026-27, and 2027-28.

This item was continued to the March 4, 2024 Special meeting.

C. Mid-Year Commission Activity Reports
Recommended Action: 1) Receive and file mid-year activity reports from the Harry Barovsky Memorial Youth Commission, Malibu Arts Commission, Parks and Recreation Commission, Public Safety Commission, and Public Works Commission; and 2) Amend Commission assignments for Fiscal Year 2023-2024, if appropriate.

This item was continued to the March 11, 2024 Regular meeting.

ITEM 7 COUNCIL ITEMS
A. Proposed Advocacy for Changes to the California State Vehicle Code to Deter Excessive Speeding on PCH (Mayor Pro Tem Stewart and Councilmember Grisanti) (Continued from February 12, 2024)
Recommended Action: At the request of Mayor Pro Tem Stewart and Councilmember Grisanti: 1) Consider advocating for proposed changes to the California State Vehicle Code to deter excessive speeding on PCH; and 2) Provide direction to staff, as needed, to come back at a future date with a resolution advocating for changes or a letter to California state officials.

This item was continued to the March 11, 2024 Regular meeting.

ADJOURNMENT
Mayor Uhring adjourned the meeting at 11:57 p.m. in memory of Jose Alfonso.

Approved and adopted by the City Council of the
City of Malibu on __________.
23 Malibu City Council
Minutes of February 26, 2024

Page 18 of 18 ends

_________________________
_________________________________
STEVE UHRING, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
24

Page 1 of 6 ends

Agenda Item # 3.B.4.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Jorge Rubalcava, Senior Civil Engineer
Reviewed by: Robert DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: February 22, 2024 Meeting date: April 22, 2024 Subject: Floodplain Variance – 19750 Pacific Coast Highway RECOMMENDED ACTION: Adopt Resolution No. 24-11 granting a variance from the floodplain coastal high hazard requirements for the construction of a bulkhead within a coastal floodplain at 19750 Pacific Coast Highway.

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: An application for a Coastal Development Permit (CDP 15-050) at 19750 Pacific Coast Highway was approved by the Planning Commission on September 17, 2018, for the construction of a new 3,511 square foot two-story single-family residence with an attached two car garage, roof deck, hardscaping, and driveway. The new two-story single-family residence consists of shoreline protection, a new on-site wastewater treatment system (OWTS), and the construction of a new bulkhead (Coastal Development Permit Application No. 15-050). The Public Works Department reviewed the subject project and concluded that the proposed development did not conform to the City’s floodplain management regulations.

The subject property is located in the Federal Emergency Management Agency (FEMA) Special Flood Hazard Area (SFHA), as shown on the attached map. More specifically, the proposed development is to be located within a coastal high hazard area, Zone VE22’. Developments within this flood zone must conform to the City’s Floodplain City Council Meeting
04-22-24
Item

3.B.4.
1

Page 2 of 6 ends

Agenda Item # 3.B.4.

Management Ordinance (MMC Chapter 15.20) and FEMA Floodplain Regulations. MMC Section 15.20.150 (C) reads as follows:
“All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section

15.20.040 of this chapter. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.” The development proposes a new bulkhead under the elevated building which will be used to protect the septic system. However, the proposed bulkhead does not meet the requirements of MCC Section 15.20.150 (C) because it would be considered an obstruction under an elevated building in a FEMA VE flood zone. Buildings in a FEMA VE Flood Zone must be free of obstructions below the lowest floor.

The applicant requested a variance (Attachment No. 4) from the requirements of MMC Section 15.20.150 (C) to build a bulkhead as protection for the OWTS disposal field. The applicant has considered all alternatives for the OWTS, including alternative locations, seepage pits, hauling of the waste off-site, none of which prove feasible. The OWTS as designed is the smallest possible development to meet the code requirements, including groundwater separation. The OWTS dispersal field was designed to be on the property as far landward as possible. Because of the size of the lot and the coastal floodplain delineation, there are no other feasible alternatives to place the OWTS outside the FEMA floodplain.

The City’s Floodplain Management Ordinance provides for a variance to be considered and granted in certain circumstances. The conditions for a variance are specified in Section 15.20.200 of the MMC. In accordance with the MMC, variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Findings
The determinations made for each condition for a variance as specified in Section

15.20.200 of the MMC are as follows:

A. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of onehalf acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 15.20.060 to 15.20.090 and Sections 15.20.100 to 15.20.180 of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. 2

Page 3 of 6 ends

Agenda Item # 3.B.4.

The development includes the proposal of a new beachfront single-family residence on an existing vacant lot, a new OWTS, and a new bulkhead, bounded by residential properties on the east and vacant land to the west, the Pacific Ocean to the south, and Pacific Coast Highway to north. The buildings lowest horizontal member is at elevation 26’ which is well above the FEMA requirement of elevation 22’. The provisions of MMC Sections 15.20.060 to 15.20.090 and Sections 15.20.100 to 15.20.180 have been considered. The proposed improvements for 19750 Pacific Coast Highway would otherwise comply with each of the requirements of the floodplain regulations other than for what is being considered for a bulkhead in the coastal high hazard area.

B. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 15.20.040 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

The requested variance does not involve a historic building.

C. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

The requested variance is for a structure located within a regulatory floodway. However, the proposed development would not increase the base flood discharge at this location.

The bulkhead is located essentially in line with the bulkhead in the adjacent property to the east. There will be no impact or increased wave loading on the neighboring bulkhead as a result of the proposed bulkhead.

The existing bulkhead located to the east of the subject property has had no observed or documented impact on the vacant site located to the west of the subject property.

D. Variances shall only be issued upon a determination that the variance is the minimum necessary considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the city council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the city council believes will both provide relief and preserve the integrity of this chapter.

The variance requested is the minimum necessary for the development of the property.

The structure can comply with the Floodplain Management Ordinance in all other aspects.

The bulkhead is needed to protect the OWTS. Without the bulkhead protection of the OWTS, the development of the property as proposed is not possible. 3

Page 4 of 6 ends

Agenda Item # 3.B.4.

Based upon the location of the proposed development and the FEMA Floodplain boundaries, there are no feasible alternatives to locate the proposed OWTS outside the floodplain.

E. Variances shall only be issued upon a:

1. Showing of good and sufficient cause pertaining to unusual characteristics of the property.

2. Determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 15.20.040 of this chapter) to the applicant; and

3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in Section 15.20.040, see "Public safety or nuisance"), cause fraud or victimization (as defined in Section 15.20.040) of the public, or conflict with existing local laws or ordinances.

1. Approximately 90% of the property is located within a coastal high hazard zone (FEMA Flood Zone VE-22’’) that leaves no area to construct the OWTS system to meet the City’s Floodplain Management Ordinance.

2. There are no feasible alternatives to locate the OWTS outside the FEMA Flood Zone or under the building. Even if the development’s footprint was reduced, the minimum size OWTS provided by the applicant would still be required to be located within the FEMA Floodplain.

3. The granting of the variance is not considered to create a significant increase in flood heights. The variance would not result in additional threats to public safety or create extraordinary public expense as the development is to occur on private property and the property owner would be fully responsible for the proposed improvements. The variance would not create a nuisance as the variance would not result in anything that is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstruct the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin based on the design of the proposed bulkhead. The proposed bulkhead is to be constructed on a separate concrete pile foundation independent of the pile foundation for the residential structure. The proposed bulkhead is located essentially in line with the bulkhead on the adjacent property to the east of the subject site. There will be no impact or increased wave loading on the neighboring bulkhead as a result of the proposed bulkhead.

Page 5 of 6 ends

Agenda Item # 3.B.4.
section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

Subsections A through E have been considered and determinations made in regards to the bulkhead as indicated above. The single-family residence shall meet the requirements of the City’s Floodplain Management Ordinance.

G. Upon consideration of the factors and purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

The applicant will be required to submit detailed plans for the proposed bulkhead for the review and approval of staff prior to issuance of building permits. Staff recommends the following conditions be imposed:

1. The bulkhead shall be located no further seaward than deemed necessary. The bulkhead shall be designed where it is adjacent to the existing bulkhead to the east.

2. The bulkhead shall be designed on an independent foundation separate from the foundation of the residential structure.

3. The variance shall become effective only upon issuance of a Coastal Development Permit for the property at 19750 Pacific Coast Highway
The Council may wish to impose other specific conditions.

In granting a variance, from the terms of a floodplain management regulation, the Council should consider FEMA’s policy that variances from flood elevation or other requirements in the Floodplain Management Ordinance should be rare because a variance can create an increased risk to life and property. FEMA’s policy is that it may review a community's findings justifying the granting of variances, and, if that review indicates a pattern inconsistent with the objectives of sound floodplain management, FEMA may take appropriate action up to and including suspending the community from the National Flood Insurance Program.

ENVIRONMENTAL REVIEW: This item is not subject to environmental review under the California Environmental Quality Act (CEQA). Under CEQA Guidelines Section 15303 construction and location of limited numbers of new, small facilities or structures are exempt. The allowance of this bulkhead is an accessory structure designed to protect the OWTS system and thus exempt under subsection (e) of section 15303. 5

Page 6 of 6 ends

Agenda Item # 3.B.4.
continued administrative activities and organization activities that will not result in a direct or indirect physical change in the environment are not CEQA projects. Additionally, pursuant to CEQA Guidelines Section 15061(b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. The City entering into a five-year contract for animal care and control services will not have a direct or indirect physical change in the environment. Therefore, no additional environmental review is needed at this time.

ATTACHMENTS:

1. Resolution No. 24-11 - Grant of Floodplain Variance

2. FEMA Flood Map

3. Site Plan

4. Request for Variance - Letter dated January 11, 2024 6 ATTACHMENT 1
RESOLUTION NO. 24-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

GRANTING A VARIANCE FROM THE FLOODPLAIN COASTAL HIGH

HAZARD REQUIREMENTS FOR THE CONSTRUCTION OF A BULKHEAD
WITHIN A COASTAL FLOODPLAIN AT 19750 PACIFIC COAST

HIGHWAY AND FINDING THE SAME EXEMPT FROM CEQA
The City Council of the City of Malibu does hereby find, order, and resolve as follows:

SECTION 1. Recitals.

A. An application for a coastal development permit (CDP 15-050) at 19750 Pacific Coast Highway was approved by the Planning Commission on September 17, 2018 for the construction of a new 3,511 square foot two story single family residence with an attached two car garage, roof deck, hardscaping, and driveway. The new two-story single-family residence consists of shoreline protection, a new on-site wastewater treatment system (OWTS), and the construction of a new bulkhead (Coastal Development Permit Application No. 15-050.

B. The development as proposed includes a bulkhead within a coastal floodplain as delineated in the preliminary Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps.

C. The project applicants have requested a variance for the construction of a bulkhead within a coastal floodplain.

D. The conditions for a granting of a floodplain variance are specified in Section

15.20.200 of the Malibu Municipal Code (M.M.C.)
E. The conditions for a variance as specified in Section 15.20.200 of the M.M.C. has been considered. The required determinations are made as follows:

A. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 15.20.060 to 15.20.090 and Sections 15.20.100 to 15.20.180 of this chapter have been fully considered. As the lot size increases beyond onehalf acre, the technical justification required for issuing the variance increases.

The development includes the proposal of a new beachfront single-family residence on an existing vacant lot, a new OWTS, and a new bulkhead, bounded by residential properties on the east and west, the Pacific Ocean to the south, and Pacific Coast Highway to north. The provisions of MMC Sections 15.20.060 to 15.20.090 and Sections 15.20.100 to 15.20.180 have been considered. The proposed improvements for 19750 Pacific Coast Highway would otherwise comply with each of the requirements of the floodplain regulations other than for what is being considered for a bulkhead in the coastal high hazard area.

7 Resolution No. 24-11

Page 2 of 4 ends

_____________________
B. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 15.20.040 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

The requested variance does not involve a historic building.

C. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

The requested variance is for a structure that would not be located within a regulatory floodway.

The variance requested is the minimum necessary for development of the property. The structure can comply with the Floodplain Management Ordinance in all other aspects. Without protection for the OWTS, the development of the property as proposed is not possible.

E. Variances shall only be issued upon a:

1. Showing of good and sufficient cause pertaining to unusual characteristics of the property;

2. Determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 15.20.040 of this chapter) to the applicant; and

1. Approximately 90% of the property is located within a coastal high hazard zone (FEMA Flood Zone VE-22’+1’=23’) that leaves no area to construct the OWTS system to meet the City’s Floodplain Management Ordinance.

2. Hardship applies as there are no other alternatives that would allow the OWTS without protection from a bulkhead.

3. The granting of the variance is considered to not create a significant increase in flood heights.

The variance would not result in additional threats to public safety or create extraordinary public expense as the development is to occur on private property and the property owner would be fully responsible for the proposed improvements. The variance would not create a nuisance as 8 Resolution No. 24-11

Page 3 of 4 ends

_____________________
the variance would not result in anything that is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstruct the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin based on the design of the proposed bulkhead. The proposed bulkhead is to be constructed on a separate concrete pile foundation independent of the pile foundation for the residential structure.

F. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections A through E of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

1. The bulkhead shall be located no further seaward than deemed necessary.

2. The bulkhead shall be designed on an independent foundation separate from the foundation of the residential structure.

3. The variance shall become effective only upon issuance of a Coastal Development Permit for the property at 19750 Pacific Coast Highway
The Council may wish to impose other specific conditions.

SECTION 2. The City Council does hereby grant a variance for the construction of a bulkhead at 19750 Pacific Coast Highway within a coastal floodplain subject to the following conditions:
9 Resolution No. 24-11

Page 4 of 4 ends

_____________________
A. The bulkhead shall be located no further seaward than deemed necessary.

B. The bulkhead shall be designed on an independent foundation separate from the foundation of the residential structure.

C. The variance shall become effective only upon issuance of a Coastal Development Permit for the property at 19750 Pacific Coast Highway.

SECTION 3. ENVIRONMENTAL REVIEW: This item is not subject to environmental review under the California Environmental Quality Act (CEQA). Under CEQA Guidelines Section 15303 construction and location of limited numbers of new, small facilities or structures are exempt. The allowance of this bulkhead is an accessory structure designed to protect the OWTS system and thus exempt under subsection (e) of section 15303.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this __th day of _____2024. ______________________________
STEVE UHRING, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
________________________________
TREVOR RUSSIN, City Attorney
10 National Flood Hazard Layer FIRMette
0 250 500 1,000 1,500 2,000
Feet
Ü

SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT

SPECIAL FLOOD

HAZARD AREAS
Without Base Flood Elevation (BFE)
Zone A, V, A99
With BFE or DepthZone AE, AO, AH, VE, AR
Regulatory Floodway

0.2% Annual Chance Flood Hazard, Areas
of 1% annual chance flood with average
depth less than one foot or with drainage
areas of less than one square mileZone X
Future Conditions 1% Annual
Chance Flood HazardZone X
Area with Reduced Flood Risk due to
Levee. See Notes.Zone X
Area with Flood Risk due to LeveeZone D
NO SCREENArea of Minimal Flood Hazard Zone X
Area of Undetermined Flood HazardZone D
Channel, Culvert, or Storm Sewer
Levee, Dike, or Floodwall
Cross Sections with 1% Annual Chance

17.5 Water Surface Elevation
Coastal Transect
Coastal Transect Baseline
Profile Baseline
Hydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of Study
Jurisdiction Boundary
Digital Data Available
No Digital Data Available
Unmapped
This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.

The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 1/22/2024 at 4:57 PM and does not
reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or
become superseded by new data over time.

This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for
regulatory purposes.

Legend

OTHER AREAS OF

FLOOD HAZARD

OTHER AREAS

GENERAL

STRUCTURES
OTHER

FEATURES

MAP PANELS
8 B

20.2 The pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
1:6,000
118°36'40"W 34°2'34"N
118°36'3"W 34°2'4"N
Basemap Imagery Source: USGS National Map 2023
ATTACHMENT 2
11 (10')
(15')
(20')
(25')
(5')
(6')
(7')
(8')
(9')
(4')
(3')
(11')
(12') (13') (14')
(16') (17') (18')(19')
(21') (22') (23') (24') (26') P A C I F I C C O A S T H I G H W A Y 28' DRIVEWAY

FEMA FLOOD PLAIN BOUNDARY
ELEVATION 4.7' L=74.99'
S12°37'18"E L=75.02' L=62.00' R/W
S23°21'18"E L=75.25'
BASED FLOOD ELEVATION :22' ZONE VE ZONE VE APPROXIMATE LOCATION OF ADJACENT SEAWALL PROPOSED SEAWALL PROPOSED SEAWALL PROPOSED SEAWALL PROPOSED SEAWALL PROPOSED BUILDING FOOTPRINT SEPTIC SYSTEM STAMP STAMP DATE PROJECT DRAWING REVISIONS BY PROJECT #: DATE: SCALE: SHEET OF Copyright . All rights reserved. The use of these plans, calculations and specifications shall be restricted to the original site for which they were prepared, and publication thereof is expressly limited to such use. Reproduction, publication or reuse by any method, in whole or part, is prohibited without the permission and consent of Tuchscher Engineering Group, Inc.. Title to the Plans, calculations and specifications shall constitute prima facie evidence of the acceptance of these restrictions. In the event of unauthorized reuse of the plans by a third party, the third party shall hold Tuchscher Engineering Group, Inc. Note: Plans are not valid for construction unless approved by the corresponding municipal governing body.

TUCHSCHER ENGINEERING GROUP, INC.
5318 E. Second Street #539
Long Beach, CA 90803
310.613.9980
www.TEGLosAngeles.com
1 9/21/2022 MT
2 12/1/2022 MT 3/16" = 1'-0"
SITE MAP SM1 7-22-2339BIG ROCK BEACH HOUSE
19750 PACIFIC COAST HIGHWAY
MALIBU, CA 90265
1/11/2024
2022 SITE MAP SCALE: 3/16" = 1'-0"
1 1 ATTACHMENT 3
12 ATTACHMENT 4
13

Page 1 of 2 ends

Agenda Item # 3.B.5.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Travis Hart, Deputy Public Works Director
Reviewed by: Robert DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: April 3, 2024 Meeting date: April 22, 2024 Subject: Acceptance of Westward Beach Road Shoulder Repair Project RECOMMENDED ACTION: 1) Accept the work performed by J & H Engineering General Contractors, Inc. for the Westward Beach Road Shoulder Repair Project, Specification No. 2070 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.

FISCAL IMPACT: There is no fiscal impact with accepting the work complete. Funding for this project is included in the Adopted Budget for FY 2023-24 Account No. 310-9082-5100 (Westward Beach Road Improvements).

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

DISCUSSION: On November 13, 2023, City Council awarded the Westward Beach Road Shoulder Repair Project to J & H Engineering General Contractors, Inc. This project included the repair of the southern beachfront shoulder of Westward Beach Road. The asphalt pavement edge had deteriorated over the years. The design followed the direction of the Public Works Commission and City Council to repair the asphalt shoulder, without additional curbs and walkways, as previously proposed. These improvements meet the parking needs while maintaining the rural Malibu aesthetic.

The work is now completed. Staff recommends the City Council to accept the work performed by J & H Engineering General Contractors, Inc. and authorize the Public Works Director to submit for recordation a Notice of Completion for the project.

City Council Meeting
04-22-24
Item

3.B.5.
1

Page 2 of 2 ends

Agenda Item # 3.B.5.

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

ATTACHMENTS: None.
2

Page 1 of 2 ends

Agenda Item 3.B.6
Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Susan Dueñas, Public Safety Director
Approved by: Steve McClary, City Manager
Date prepared: March 26, 2024 Meeting date: April 22, 2024 Subject: City-County Municipal Services Agreement with the County of Los Angeles Animal Care and Control Department
RECOMMENDED ACTION: Authorize the City Manager to execute the City-County Municipal Services Agreement between the County of Los Angeles Department of Animal Care and Control and City of Malibu, for the period of July 1, 2024, through June 30, 2029.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement will be included in the Proposed Budget for FY 2024-25, and subsequent fiscal years in Account No. 100-7021-5106 (Public Safety-LA Co. Animal Control. The amount will be an estimate based on current year rates, which are subject to annual review and adjustment by the Los Angeles County Auditor-Controller effective July 1 of each year. The rates for FY 2024-25 will not be available until May or June.

STRATEGIC PRIORITY: This item supports the Public Safety priority identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: Los Angeles County provides animal care and control services to the City, including impounding, kennel, and shelter services at the Agoura Hills Shelter, on a 24- hour, 7 days-a-week basis. The current five-year contract for animal care and control services will expire on June 30, 2024, and the County has requested that the City renew the contract for an additional five years, effective through June 30, 2029.

ENVIRONMENTAL REVIEW: This item is not subject to environmental review under the California Environmental Quality Act (CEQA). Under CEQA Guidelines Section 15378(b)(5), continued administrative activities and organization activities that will not result in a direct or indirect physical change in the environment are not CEQA projects.

City Council Meeting
04-22-24
Item

3.B.6.
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Agenda Item 3.B.6
Additionally, pursuant to CEQA Guidelines Section 15061(b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment.

The City entering into a five year contract for animal care and control services will not have a direct or indirect physical change in the environment. Therefore, no additional environmental review is needed at this time.

ATTACHMENTS: City-County Municipal Services Agreement
2 CITY-COUNTY MUNICIPAL SERVICES AGREEMENT

TABLE OF CONTENTS

COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE

AND CONTROL AND CITY OF MALIBU

PARAGRAPH TITLE PAGE
RECITALS 2

1.0 AGREEMENT TO PROVIDE SERVICES UNDER

STATE AND LOCAL STATUTES
2 2.0 1.0 ADMINISTRATION OF PERSONNEL 3

3.0 2.0 DEPLOYMENT OF PERSONNEL 4

4.0 3.0 PERFORMANCE OF CONTRACT 4

5.0 4.0 INDEMNIFICATION 5

6.0 5.0 TERM OF CONTRACT 6

7.0 6.0 RIGHT OF TERMINATION 6

8.0 7.0 CONTRACT SUM 6

9.0 8.0 PAYMENT PROCEDURES 7

10.09.0 NOTICES 7

11.0 10.0 AMENDMENTS 8

12.0 11.0 AUTHORIZATION WARRANTY 8

13.0 12.0 ENTIRE AGREEMENT 8

14.0 13.0 CONSTRUCTION OF AGREEMENT 9

15.0 14.0 IMPLEMENTATION OF AGREEMENT 9

16.0 15.0 COUNTERPARTS 9
Attachment #1
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CITY-COUNTY MUNICIPAL SERVICES AGREEMENT

COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE

AND CONTROL AND CITY OF MALIBU
THIS MUNICIPAL ANIMAL CARE AND CONTROL AGREEMENT (“Agreement”) between the COUNTY OF LOS ANGELES (“the County”) and the CITY OF MALIBU (“the City”), together known as “the Parties,” is made and entered into July 1, 2024, or when signed by all Parties, whichever is later.

RECITALS
a. The City desires to contract with the County to perform the animal care and control functions described in this Agreement; and
b. The County is agreeable to providing such services on the terms and conditions set forth in this Agreement; and
c. Such agreements are authorized and provided for by the provisions of Section 56-1/2 and 56-3/4 of the Charter of the County of Los Angeles and sections 51300 et seq. of the Government Code of the State of California.

NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, and for good and valuable consideration, the Parties mutually agree as follows:

1.0 AGREEMENT TO PROVIDE SERVICES UNDER STATE AND LOCAL

STATUTES

1.1 The County agrees, through the County Department of Animal Care and Control (“the Department”), to provide general animal care and control services within the corporate limits of the City to the extent and in the manner stated in the Agreement and its Attachments.

1.2 Except as otherwise specifically stated in the Agreement, the services will only encompass duties and functions of the type coming within the jurisdiction of and customarily provided by the County under the Charter of the County, the Los Angeles County Code, and the statutes of the State of California. The County will provide services in accordance with the provisions of Title 10, “Animals,” of the Los Angeles County Code, and all amendments enacted to Title 10, except as otherwise agreed by the Parties in the most recently executed Service Level Request.
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2.0 ADMINISTRATION OF PERSONNEL

2.1 The County will control all aspects of the services provided by the County including, but not limited to, standards of performance, discipline of officers and staff, and all employment-related matters.

2.2 In the event of a dispute between the Parties regarding the duties and services to be provided, or the minimum level or manner of performance of such services, the City will be consulted and an agreement between the Parties attempted. Each party must employ good-faith and reasonable efforts to reach an agreement. If an agreement cannot be reached, the County will make the final and conclusive determination of the dispute.

2.3 All City employees who work with the Department under the Agreement will remain employees of the City and will not have any claim or right to employment, civil service protection, salary, benefits, or claims of any kind from the County. No City employee will become an employee of the County unless by specific additional agreement in the form of a merger contract, which must be concurrently adopted by the City and County. Except as otherwise specifically set forth in the Agreement or in the attached Service Level Request, to the extent the County provides the City with animal licensing services, neither the City employees nor their agents will perform any function related to the licensing of animals, including the collection of license fees, penalties, or field enforcement fees. Field enforcement fees will only be collected by the Department for services performed by employees of the Department. The City may distribute educational and outreach materials, reviewed and agreed upon by both the Department and the City, related to pet licensing and its benefits.

2.4 For the purposes of performing services under the Agreement, and only for the purpose of giving authority for Department staff to provide these services, every County officer and/or employee engaged in performing any service will be deemed to be a contracted officer or employee of the City while performing service for the City, provided the service is within the scope of the Agreement and is a municipal function.

2.5 The City will not assume any liability for the direct payment of salaries, wages, or other compensation to County personnel performing services under the Agreement. Except as described under Section 5.0, the City will not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of his/her employment while providing services under the Agreement.

2.6 The County agrees that it is subject to the County Civil Services Rules prohibiting discrimination based on non-merit factors.
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3.0 DEPLOYMENT OF PERSONNEL

3.1 The Department, in cooperation with the City, will determine how to provide the services required by the Agreement.

3.2 The City agrees to complete an Attachment B, Service Level Request (SLR) form, specifying the level of service to be provided, which will be signed and authorized by the City and the Department representative and attached to the Agreement. In the event of a dispute between the Parties about the desired or approved content of the SLR will be handled in accordance with Paragraph 2.2 of this Agreement.

3.3 The Department will issue annual notifications of any change to the billing rate as stated in Paragraph 8.2 of this Agreement. Unless the City changes other provisions within the most recently executed SLR, it is not necessary to execute a revised SLR to reflect a billing rate change.

3.4 The City may at any time request a change in the level of service by completing a revised SLR, and submitting the form to the Department. The revised level of service to be provided and the current fiscal year billing rate will be signed and authorized by the City and the Department representative and attached to the Agreement as an amendment. Changes requested at times other than the beginning of the fiscal year will be implemented as soon as practical, as determined by the Department. The City is only required to submit a new SLR if it wishes to revise its current services or update information listed on its existing SLR. The Department reserves the right to approve or disapprove requests on the SLR in accordance with Section 3.1 of this Agreement.

Regarding updates to contact information, the City is not obligated to submit a new SLR. A simple email confirmation from the City will suffice, and the Department's Contracts and Grants Division will update the City's existing SLR and share the revised copy with the City.

3.5 The City will make its best effort to inform the Department of any modifications to its ordinance concerning animal care and control services.

This approach will enable the Department to verify that the services outlined in the City's SLR align with the municipal ordinance, thereby reducing the potential for any discrepancies.

3.6 The City is not limited to the services indicated but may also request any other services in the field of public safety, animal welfare, or related fields within the legal power of the Director of the Department to provide. The County reserves the right to determine, in its sole discretion, whether the Department can provide requested services not otherwise specified in this Agreement.
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4.0 PERFORMANCE OF CONTRACT

4.1 In performing services under the Agreement, the County will provide all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed upon level of service.

4.2 Nothing in the Agreement prohibits the City from providing, at the City’s expense, additional resources for the County to utilize in its performance of the services.

4.3 Any use of special supplies, stationery, notices, or forms, in other than standard Department format, must be approved by the Director of the Department, or his/her designee, and supplied by the City at its own cost.

4.4 If requested, the Department will use its best efforts to attend one in-person meeting with the City, up to three hours duration, per quarter at no charge to the City. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the Department. The City will pay the hourly rate listed in Attachment C, City-County Municipal Services Billing Rates, for any additional hours of the Department's contract management staff's time at meetings requested by the City. Due to a lack of availability of meeting space in County facilities, the City will provide a mutually agreed upon meeting space and location, or virtual meeting link, for all in-person and/or virtual meetings or meet at the Department’s headquarters in Long Beach, California.

4.5 If requested, the Department will use its best efforts to coordinate a virtual meeting once per month at no charge to the City. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the Department. The City will pay the hourly rate listed in Attachment C, City-County Municipal Services Billing Rates, for any additional hours of County representatives’ time at meetings requested by the City.

4.6 If requested, the Department will use its best efforts to send representatives to the City’s Council meetings for proposed ordinance changes, contract revisions, or any related animal issues where input from the Department is needed. The Department will only attend these meetings to the extent that resources and capacity will allow.

4.7 The Department will make available upon request, at no charge to the City, the reports listed in Attachment A, Description of Services, at the intervals indicated in that attachment. For any additional reports that are not included in Attachment A, Description of Services, or those requested at more frequent intervals, the Department will account for the hours of staff time required to produce the reports. The County will provide, at no charge to the City, up to 12 hours of staff time annually for any additional requested reports. The City will be responsible for any excess hours at the current 7

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billing rate for staff time as listed in Attachment C, City-County Municipal Services Billing Rates.

5.0 INDEMNIFICATION

5.1 The Parties have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991, and/or a revised Joint Indemnity Agreement approved by the Board of Supervisors on August 9, 1993. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into the Agreement as if set out in full in the Agreement.

5.2 In the event the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date will supersede the Joint Indemnity Agreement previously in effect between the Parties.

6.0 TERM OF CONTRACT

6.1 Unless sooner terminated as provided for in the Agreement, the Agreement will be effective July 1, 2024, or when signed by the Parties, whichever is later, and will remain in effect until June 30, 2029, unless sooner terminated or extended.

6.2 At the option of the Board of Supervisors and with the consent of the City Council, the Agreement may be renewable for successive periods not to exceed five (5) years each.

7.0 RIGHT OF TERMINATION

7.1 Either Party may terminate the Agreement as of the first day of July of any year upon notice in writing to the other Party of at least sixty (60) days before the termination date.

7.2 Despite any provision to the contrary in the Agreement, the City may terminate the Agreement upon notice in writing to the County given within sixty (60) calendar days of receipt of written notice from the County of any increase in the rate for any service to be performed under the Agreement.

In such an event the Agreement will terminate sixty (60) calendar days from the date of the City’s notice to the County.

7.3 The Agreement may be terminated at any time, with or without cause, by either Party upon written notice given to the other Party at least onehundred eighty (180) days before the date specified for that termination.

7.4 In the event of an unresolved dispute, either Party may terminate the Agreement by giving not less than sixty (60) days’ notice in writing to the 8

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other Party. A dispute is unresolved when both Parties agree that there is no resolution and no intent by either party to continue to seek a resolution.

7.5 In the event of termination, both Parties shall fulfill all obligations owed to each other that have accrued before the date of termination. Additionally, each Party will be released from any obligations that would have accrued after the termination date had the Agreement continued. However, the City will remain responsible for payment to the Department for any services provided under this Agreement prior to the termination date.

8.0 CONTRACT SUM

8.1 The City will pay for the services provided under the terms of the Agreement at the current fiscal year rate established by the County Auditor-Controller and set forth in the current Attachment C, City-County Municipal Services Billing Rates.

8.2 The rates indicated in the City-County Municipal Services Billing Rates form will be readjusted by the County annually, effective the first day of July each year, to reflect the cost of services in accordance with the policies and procedures for the determination of rates established by the County.

8.3 The City will be billed based on the current service level described in the latest Attachment C, City-County Municipal Services Billing Rates form.

8.4 The cost of any additional services requested and provided under the Agreement and not set forth in Attachment C, City-County Municipal Services Billing Rates form will be determined by the Department in accordance with the policies and procedures established by the County.

9.0 PAYMENT PROCEDURES

9.1 The County, through the Department, will submit a summary invoice covering all services performed during the month to the City within twentyfive (25) calendar days after the close of each calendar month. The City will pay the County for all undisputed amounts within thirty (30) calendar days after the date of the invoice.

9.2 If payment is not delivered to the County office described on the invoice within sixty (60) days after the date of the invoice, the County is entitled to recover interest on the unpaid amount.

9.3 For all disputed amounts, the City will provide the County with written notice of the dispute including the invoice date, amount, and reason(s) for the dispute within twenty-one (21) calendar days after receipt of the invoice.

The Parties will confirm the resolution of the dispute in writing. For any disputed amounts, interest will accrue if payment is not received within sixty (60) calendar days after the date of the written resolution. 9

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9.4 Interest will be calculated at the rate of seven percent (7%) annually or any portion thereof, from the last day of the month for which the services were performed, or in the case of disputed amounts, from the date of the written resolution.

9.5 Despite the provisions of Government Code Section 907, if payment is not delivered to the County office described on the invoice within sixty (60) calendar days after the date of the invoice, or in the case of disputed amounts, from the date of the written resolution, the County may satisfy such indebtedness, including interest on unpaid amounts, from any funds of the City on deposit with the County, without giving further notice to the City of County’s intention to do so.

10.0 NOTICES

10.1 Each Party shall designate a Primary Contact, as identified in Attachment B, Service Level Request, to facilitate the services covered by this Agreement. Routine communications necessary for the day-to-day facilitation of services may be conveyed through telephone, email, or inperson interactions. However, all notices or demands required, permitted, or desired to be given by one Party to the other must be in writing. Such notices or demands shall be mailed or emailed to the other Party's designated Primary Contact at the address provided in Attachment B, Service Level Request. Both Parties may update the designated addresses and contact persons by providing written notice to the other Party.

The Department accepts both physical (wet) signatures and electronic signatures for any notices or correspondence related to this Agreement.

10.2 Notices to the County of Los Angeles must be addressed as follows:

For physical notices:

County of Los Angeles Department of Animal Care and Control Contracts and Grants Division
Attn: Bradley Kim
5898 Cherry Avenue
Long Beach, CA 90805
Phone: (562) 379-9722
For electronic notices:

[email protected]

10.3 Notices to the City must be addressed to the contact person listed on the most recent SLR on file and/or the current City Official or City Manager.

11.0 AMENDMENTS
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11.1 With the exception of changes to a City’s contact information, any changes, modifications, or amendments to the Agreement must be in writing and duly executed by the Director of the Department, or his/her designee, and an authorized representative of the City. The only exception to this requirement applies to updates to the City's contact information, which may be made through a simple email confirmation from the City.

12.0 AUTHORIZATION WARRANTY

12.1 The City represents and warrants that the person executing the Agreement for the City is an authorized agent who has actual authority to bind the City to each term, condition, and obligation of the Agreement and that all requirements of the City have been fulfilled to provide such actual authority.

12.2 The County represents and warrants that the person executing the Agreement for the County is an authorized agent who has actual authority to bind the County to each term, condition, and obligation of the Agreement and that all requirements of the County have been fulfilled to provide such actual authority.

13.0 ENTIRE AGREEMENT

13.1 The Agreement, including Attachment A, Description of Services, the most recent Attachment B, Service Level Request, and the latest Attachment C, City-County Municipal Services Billing Rates, along with the applicable Assumption of Liability or Joint Indemnity Agreement referenced under Section 5.0, constitute the complete and exclusive statements of the Parties, which supersede all previous agreements, written or oral, and all communications between the Parties relating to the subject matter of the Agreement. Except as provided in Paragraphs 3.4 and 11.1, all changes or amendments to the Agreement must be in writing and mutually executed by authorized personnel on behalf of the Parties. The Director of the Department, or his/her designee, is authorized by the County to execute amendments.

14.0 CONSTRUCTION OF AGREEMENT

14.1 Each Party has participated in the drafting and preparation of the Agreement, and each Party agrees that the Agreement will not be construed against any Party on the grounds that the Party drafted the Agreement.

15.0 IMPLEMENTATION OF AGREEMENT

15.1 Each Party agrees to execute the documentation required and to take such other actions as may be reasonably necessary to accomplish the purposes of the Agreement.

16.0 COUNTERPARTS
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16.1 The Agreement may be executed in counterparts (including via facsimile or electronic copy), which will become effective only when every Party has signed and delivered a counterpart. The originals of any counterpart signature pages will be delivered to the County and retained as part of the original Agreement.
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CITY-COUNTY MUNICIPAL SERVICES AGREEMENT

COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE

AND CONTROL AND CITY OF MALIBU
IN WITNESS WHEREOF, the County of Los Angeles, by order of its Board of Supervisors has caused the Agreement to be executed by the Director of the Department of Animal Care and Control and the City has caused the Agreement to be executed on its behalf by its authorized representative.

COUNTY OF LOS ANGELES
By_______________________________

MARCIA MAYEDA
Director
Department of Animal Care and Control
Date_______________________________

CITY OF MALIBU
By_______________________________
City of Malibu, City Manager
Date_____________________________
ATTEST:

By______________________ _________
City Clerk Date
By______________________ _________
City Attorney Date
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By___________________________
David Beaudet
Senior Deputy, County Counsel
Date_________________________
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Agenda Item # 3.B.7.

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: April 8, 2024 Meeting date: April 22, 2024 Subject: Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway (PCH) RECOMMENDED ACTION: Adopt Resolution No. 24-17 extending the declaration of the existence of a local emergency related to the increase of reckless and illegal driving on Pacific Coast Highway and directing staff to coordinate efforts with other governmental agencies to increase attention and create programs to reduce the risk and danger associated with Pacific Coast Highway in the City.

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

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

DISCUSSION: On November 13, 2023, the Council adopted Resolution No. 23-52 declaring the existence of a local emergency in response to increasing reckless and illegal driving on PCH. The Council last reviewed and extended this declaration on February 26, 2024.

The California Emergency Service Act allows the City to proclaim a local state of emergency when needed to protect the public safety in dire circumstances. The status and use of Pacific Coast Highway (“PCH”) currently constitutes a condition, or threatened condition, of extreme peril to the safety of persons and property within the City of Malibu.

PCH is the City’s main thoroughfare and each day serves as a commuting route, a residential street, a business corridor, and for persons accessing beaches and other local recreation amenities, a pathway used by pedestrians and cyclists. PCH is a California State Highway (State Route 1) that is managed and maintained by the California Department of Transportation (“Caltrans”) with a posted speed limit ranging between 45- City Council Meeting
04-22-24
Item

3.B.7.
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Agenda Item # 3.B.7.
55 miles per hour in the City. Excessive speeding, reckless driving, unsafe U-turns, and distracted driving caused by cell phone use and other distractions have resulted in increased collisions with other motorists, cyclists and pedestrians on PCH that have resulted in injury and death.

According to data from the Statewide Integrated Traffic Records System obtained through UC Berkley’s Transportation Injury mapping system, between 2018 and 2022 there were 22 deadly crashes on PCH in the City, resulting in the death of 23 people. Data from the California Highway Patrol indicates that there have been 49 fatalities along PCH in Malibu from 2012-22. And finally, the Los Angeles Times has reported that there have been 170 combined deaths and serious injuries to drivers, passengers, cyclists and pedestrians between 2011 and 2023 along PCH in the City. Further, countless other close calls or near misses from the danger posed by the conduct on PCH are impossible to quantify. Most recently, a crash occurred on PCH resulting in the tragic and unnecessary loss of four Pepperdine University students who were walking along PCH. According to authorities, the driver of the car was allegedly traveling at a speed in excess of 100 miles per hour when his vehicle lost control, sideswiped at least three parked cars and then crashed into a group of people including the four Pepperdine University students and two others.

These statistics and most recent tragedy are all consistent with the day-to-day experience of City residents, visitors, officials, and staff. PCH has become increasingly dangerous to residents and visitors due to the common occurrence of drivers speeding, driving recklessly, or driving while distracted. Residents and visitors are now forced to weigh and modify their use of PCH depending on the time of day and other factors (e.g., weather, weekend vs. weekday, existing traffic conditions, etc.) because of the danger posed.

Despite efforts by the City and other governmental agencies to improve the safety of PCH, the point has been reach that the risk is just too great. The status quo is no longer acceptable and action must be taken to mitigate this local emergency.

PCH is a State Highway managed and controlled by Caltrans. Sections 83 and 90 of the Street and Highways Code state that Caltrans has jurisdiction, possession, control and responsibility for the maintenance of State Highways. Further sections of the Streets and Highways Code make clear that Caltrans is the entity with decision-making power over PCH in the City, including improvements, safety elements and speed limits. Further, Streets and Highway Code section 124 states that it is Caltrans, not the City, that can restrict the use of, or close, a State Highway for the protection of the public. Law enforcement agencies such as the Los Angeles County Sheriff’s Department (LASD) and the California Highway Patrol have enforcement jurisdiction over PCH for Vehicle Code violations and other code violations.

Safety on PCH is a problem that the City cannot address and fix alone, and will need to work with Caltrans to make changes to PCH itself. The City can also work through the LASD to address vehicle code violations and related enforcement action given its enforcement jurisdiction over PCH. To effectively effect change, the City must coordinate 2

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Agenda Item # 3.B.7.
and work together with its other governmental partners to implement strategies and solutions to reduce the danger on PCH for all users.

California Government Code Section 8630 empowers the City Council to proclaim the existence of a Local Emergency when there is extreme peril to the safety of persons and property within the territorial limits of the City. Additionally, California Government Code section 8634 empowers the City Council to promulgate orders and regulations necessary to provide for the protection of life and property during the time of a Local Emergency.

These statutes codify the constitutional “police powers” of local governments to adopt local legislation designed to protect the health, safety, and welfare of the community. Further, the City’s Municipal Code (Chapter 2.52) establishes the City’s disaster council and policies and procedures for dealing with a local emergency. The City’s purchasing ordinance (Chapter 2.56) allows for greater flexibility when making purchases for supplies or services in response to a local emergency. Thus, a declaration of local emergency provides the City greater flexibility to act expediently when trying to address and mitigate the danger posed by the local emergency. It may also aid in coordination with other governmental entities and allow the City access to other resources.

Government Code Section 8630 requires that the City Council review the need for continuing a local emergency at least once every 60 days until the City Council terminates the local emergency.

As such, City staff recommends adopting Resolution No. 24-17 extending the declaration of the existence of a local emergency. If adopted, the City Council will review, and as needed renew, this action at least every 60 days.

ENVIRONMENTAL REVIEW:

This resolution and the actions taken and/or proposed herein are not a project pursuant to the California Environmental Quality Act (CEQA) since they are activities that are excluded from the definition of a project by section 21065 of the California Public Resources Code and section 15378(b) of the State CEQA Guidelines. The proposed actions are organizational or administrative activities of government which will not result in direct or indirect physical changes in the environment. These actions are also exempt from CEQA as specific actions necessary to prevent or mitigate an emergency pursuant to section 21080(b)(4) and section 15269(c) of the State CEQA Guidelines. They also are exempt under CEQA Guidelines Section 15301 – existing facilities. Coordinating and improving infrastructure and safety as well as education and enforcement efforts for safer driving and use of PCH are all exempt activities. Further, to the extent there are minor/temporary uses of land having a negligible or no permanent effect on the environment, these activities are exempt under Section 15304(e) of the CEQA Guidelines.
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Agenda Item # 3.B.7.

ATTACHMENTS:

Resolution No. 24-17
4 Attachment #1
RESOLUTION NO. 24-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

EXTENDING THE DECLARATION OF THE EXISTENCE OF A LOCAL

EMERGENCY RELATED TO THE INCREASE OF RECKLESS AND

ILLEGAL DRIVING ON PACIFIC COAST HIGHWAY AND DIRECTING

STAFF TO COORDINATE EFFORTS WITH OTHER GOVERNMENTAL

AGENCIES TO INCREASE ATTENTION AND CREATE PROGRAMS TO

REDUCE THE RISK AND DANGER ASSOCIATED WITH PACIFIC COAST

HIGHWAY IN THE CITY
The City Council of the City of Malibu does hereby find, order, and resolve as follows:

SECTION 1. Recitals.

A. Condition or threatened conditions of extreme peril to the safety of persons and property have arisen within the City of Malibu caused by the increase in reckless and illegal driving on Pacific Coast Highway (“PCH”) in the City. This reckless and illegal driving has led to increased collisions with other motorists, cyclists and pedestrians, resulting in injury and death.

B. According to data from the Statewide Integrated Traffic Records System obtained through UC Berkley’s Transportation Injury mapping System, between 2018 and 2022 there were 22 deadly crashes on PCH in the City, resulting in the death of 23 people. According to data from the California Highway Patrol, there have been 49 fatalities along PCH through Malibu from 2012-22. According to the Los Angeles Times there have been 170 deaths and serious injuries to drivers, passengers, cyclists and pedestrians between 2011 and 2023.

C. On October 17, 2023, a crash occurred in the 21500 block of PCH resulting in the tragic loss of four Pepperdine University Students who were walking along the road. According to authorities, the driver of the car was traveling at a speed in excess of 100 miles per hour when he lost control, sideswiped at least three parked cars and then crashed into a group of people including the four Pepperdine University Students and two others.

D. PCH is a California State Highway managed and maintained by the California Department of Transportation (“Caltrans”). The posted speed limit along PCH in the City ranges between 45-55 miles per hour.

E. PCH is the City’s main thoroughfare and serves as a commuting route, a residential street and business corridor in the City.

F. City officials, City staff and City residents are tragically aware that PCH has become increasingly dangerous to residents, visitors and commuters, with drivers regularly exceeding the posted speed limits or driving recklessly or distracted which 5 Resolution No. 24-17

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_____________________
has resulted in not only the killing and maiming of pedestrians, cyclists and other motorists, but a collective fear and trauma about the risks posed by accessing PCH.

G. Despite efforts by the City and other governmental agencies to improve the safety of PCH, PCH continues to pose a threat to those who drive, walk and/or cycle along it.

H. California Government Code Section 8630 empowers the City Council to proclaim the existence of a Local Emergency when there is extreme peril to the safety of persons and property within the territorial limits of the City. Additionally, California Government Code Section 8634 empowers the City Council to promulgate orders and regulations necessary to provide for the protection of life and property during the time of a Local Emergency. These statutes codify the constitutional “police powers” of local governments to adopt local legislation designed to protect the health, safety, and welfare of the community.

SECTION 2. It is hereby proclaimed that:

A. The above recitals are true and correct.

B. The increase in dangerous, illegal, reckless and/or distracted driving on PCH in the City currently poses extreme peril to persons and property in Malibu. As such, the City Council finds that the declaration of local emergency remains valid and necessary, and will remain in effect until the extreme danger has subsided.

C. To reduce and prevent the risks associated with dangers posed on PCH, City staff are directed to coordinate with Caltrans, the Los Angeles County Sheriff, the California Highway Patrol, and other entities and government agencies to implement programs, increase enforcement of existing laws and/or develop solutions to reduce the danger on PCH to pedestrians, cyclists and other motorists from dangerous, illegal, reckless and/or distracted driving on PCH.

D. The City Director of Emergency Services, or designee, is directed and authorized to address any and all impacts and conditions caused by the emergency and to obtain any and all aid and assistance from local, county, state, or federal agencies, including but not limited to aid and assistance pursuant to the California Disaster Assistance Act, California Government Code Section 8690 et. seq.

E. The City Manager, as the Purchasing Officer of the City pursuant to Malibu Municipal Code Section 2.56.040 (B) is authorized to make purchases of supplies or services exceeding twenty-five thousand dollars ($25,000.00) in compliance with Malibu Municipal Code, Chapter 2.56.

F. City staff are directed to report back to the City Council regarding programs and strategies proposed or implemented to mitigate the risk associated with this local emergency.
6 Resolution No. 24-17

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_____________________
SECTION 3. The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency every 60 days until this resolution is terminated.

SECTION 4. This resolution and the actions taken and/or proposed herein are not a project pursuant to the California Environmental Quality Act (CEQA) since they are activities that are excluded from the definition of a project by section 21065 of the California Public Resources Code and section 15378(b) of the State CEQA Guidelines. The proposed actions are organizational or administrative activities of government which will not result in direct or indirect physical changes in the environment. In the alternative, find that the actions are exempt from CEQA as specific actions necessary to prevent or mitigate an emergency pursuant to section 21080(b)(4) and section 15269(c) of the State CEQA Guidelines.

SECTION 5. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this __th day of ____ 2024. _____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
7

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Agenda Item # 3.B.8.

Council Agenda Report
To: Mayor Uhring and Honorable Members of the City Council Prepared by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: April 4, 2024 Meeting date: April 22, 2024 Subject: Housing Element Code Amendments
RECOMMENDED ACTION: 1) Adopt Resolution No. 24-16 initiating amendments to the Malibu Municipal Code (MMC) Title 17 (Zoning) and the Local Coastal Program to bring them into compliance with State Housing law and finding the action exempt from the California Environmental Quality Act; 2) Direct the Planning Commission to schedule a public hearing; and 3) Authorize the Mayor to execute a professional services agreement with Capstone City Planning in the amount of $101,880 to prepare and process code amendments associated with the 2021-2029 (6th Cycle) Housing Element.

FISCAL IMPACT: Funding for this project is included in the Adopted Budget for FY 2023- 24 in Account No. Account No. 101-2001-5100-00 (Planning Professional Services).

STRATEGIC PRIORITY: This item supports the Housing Element 6th Cycle RHNA & 2021 Housing Element Update priority identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: The City is currently processing the 2021-2029 (6th Cycle) Housing Element Update. At this time, the City is working on revisions to the Draft Housing Element in response to the California Department of Housing and Community Development (HCD) comments, dated March 22, 2024. The City will be resubmitting a revised Draft Housing Element towards the end of April. Once HCD indicates the Housing Element is in compliance, public hearings will be held by the Planning Commission and City Council to consider the re-adoption of the Housing Element.

As part of the 2021-2029 (6th Cycle) Housing Element update, a number of code amendments were identified to ensure the Malibu Municipal Code (MMC) and Local Coastal Program (LCP) Local Implementation Plan (LIP) are consistent with State law. In addition, these code amendments are required for the HCD to find the City’s Housing City Council Meeting
04-22-24
Item

3.B.8.
1

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Agenda Item # 3.B.8.

Element in compliance with Housing Element law. As such, the code amendments will be processed concurrently with the re-adoption of the Draft Housing Element by October 2024.

Agreement to Process Code Amendments:

Due to the urgency of this matter, the City solicited the assistance of Capstone City Planning to prepare and process the code amendments. This decision was based on Capstone City Planning’s success in assisting other jurisdictions in processing code amendments including housing elements. In addition, Capstone City Planning currently has an agreement with the City for contract planning services which was obtained through a request for proposal process.

Pursuant to Malibu Municipal Code Section 2.56.130 (Competitive Bidding – Exceptions), the City did not solicit a Request for Proposals for services pursuant to subsections (B)(3) and (B)(4). Further, pursuant to 2.56.130 (B)(4), the use of a competitive bidding process would cause unnecessary delay or expense and not likely to result in a lower price from a responsible bidder who can provide the specialized services needed.

Capstone City Planning has provided a scope of work and cost proposal to complete the project.

Additionally, pursuant to CEQA Guidelines Section 15061(b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment.

The City entering into a contract for planning services related to code amendments will not have a direct or indirect physical change in the environment as any future code amendment will be independently evaluated under CEQA. Therefore, no additional environmental review is needed at this time.

SUMMARY: Staff recommends that the Council adopt Resolution No. 24-16 initiating a ZTA and LCPA to update the LCP and MMC consistent with State law.

ATTACHMENTS:

1. Resolution No. 24-16

2. Professional Services Agreement with Capstone City Planning 2 Attachment #1
RESOLUTION NO. 24-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

INITIATING AMENDMENTS TO THE MALIBU MUNICIPAL CODE (MMC) TITLE 17 (ZONING) AND THE LOCAL COASTAL PROGRAM TO BRING

THEM INTO COMPLIANCE WITH STATE HOUSING LAW AND FINDING

THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

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

SECTION 1. Recitals.

A. On April 22, 2024, the City Council held a duly noticed public hearing and approved a motion to 1) initiate a Zone Text Amendment (ZTA) and Local Coastal Program Amendment (LCPA) to update the MMC and LCP consistent with State law as provided in the Housing Element and 2) direct the Planning Commission to schedule a public hearing regarding the ZTA and LCPA and provide a recommendation to the Council whether to approve, modify, or reject the amendment.

SECTION 2. Initiation.

Pursuant to MMC Chapter 17.32, the City Council hereby initiates an amendment to update the MMC consistent with State law as provided in the Housing Element.

Pursuant to LIP Chapter 19, the City Council hereby initiates an amendment to the LCP and directs staff to issue a Notice of Availability consistent with LIP section 19.3.1. The amendment shall address updates to the LCP consistent with State law as provided in the Housing Element.

SECTION 3. Hearings.

The Planning Commission is hereby directed to conduct a duly noticed public hearing in accordance with Chapter 19 of the Malibu LIP. Following the public hearing, the Planning Commission shall recommend to the City Council whether it should approve, modify, or deny the proposed amendments. The Planning Commission’s recommendation shall be made by resolution carried by the affirmative vote of not less than the majority of the entire Planning Commission.

SECTION 4. Environmental Review: This item is not subject to environmental review under the California Environmental Quality Act (CEQA). Under CEQA Guidelines Section 15378(b)(5), continued administrative activities and organization activities that will not result in a direct or indirect physical change in the environment are not CEQA projects. Additionally, pursuant to CEQA Guidelines Section 15061(b)(3), CEQA does not apply to this item because there is no potential for causing a significant effect on the environment. The City entering into a contract for planning services related to code amendments will not have a direct or indirect physical change in the environment as any future code amendment will be independently evaluated under CEQA.

Therefore, no additional environmental review is needed at this time.

SECTION 4. Certification.

The City Clerk shall certify to the passage and adoption of this resolution and enter it into the 3 Resolution No. 24-16

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_____________________
book of original resolutions.

PASSED, APPROVED, and ADOPTED this 22nd day of April 2024. _____________________________
STEVE UHRING, Mayor

ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)

APPROVED AS TO FORM:
_________________________________
TREVOR RUSIN, Interim City Attorney

4 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of April 22, 2024 by and between the City of Malibu (hereinafter referred to as the "City"), and Capstone City Planning (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

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

B. The City desires to contract out for consulting services for certain projects relating to the preparation and processing of code amendments associated with the City’s 2021-2029 (6th Cycle) Housing Element.

C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, the City and the Consultant agree as follows:

1.0 SCOPE OF THE CONSULTANT’S SERVICES. The Consultant agrees to provide the services and perform the tasks set forth in the Scope of Work, attached to and made part of this Agreement, except that, to the extent that any provision in Exhibit A conflicts with this Agreement, the provisions of this Agreement govern. The Scope of Work may be amended from time to time by way of a written directive from the City.

2.0 TERM OF AGREEMENT. This Agreement will become effective on April 22, 2024, and will remain in effect until services are completed as set forth in the Scope of Work unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

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

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work’s fee and cost schedule. The cost of services shall not exceed $101,880 for the term of the agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

Attachment #2
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4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month.

The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

5.0 CONFLICT OF INTEREST. The Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located in the City which may be affected by the services to be performed by the Consultant under this Agreement. The Consultant further represents that in performance of this Agreement, no person having any such interest shall be employed by it.

5.1 The Consultant represents that no City employee or official has a material financial interest in the Consultant’s business. During the term of this Agreement and/or as a result of being awarded this contract, the Consultant shall not offer, encourage or accept any financial interest in the Consultant’s business by any City employee or official.

5.2 If a portion of the Consultant’s services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within the City or with a City franchisee, the Consultant warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.

6.0 GENERAL TERMS AND CONDITIONS.

6.1 Termination. Either the City Manager or the Consultant may terminate this Agreement, without cause, by giving the other party ten (10) days written notice of such termination and the effective date thereof.

6.1.1 In the event of such termination, all finished or unfinished documents, reports, photographs, films, charts, data, studies, surveys, drawings, models, maps, or other documentation prepared by or in the possession of the Consultant under this Agreement shall be returned to the City. If the City terminates this Agreement without cause, the Consultant shall prepare and shall be entitled to receive compensation pursuant to a close-out bill for services rendered and fees incurred pursuant to this Agreement through the notice of termination.

If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for those services completed in a manner satisfactory to the City.

6.1.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages. 6 Agreement for Professional Services
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6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.

6.3 Non-Discrimination. The Consultant shall not discriminate as to race, creed, gender, color, national origin, or sexual orientation in the performance of its services and duties pursuant to this Agreement, and will comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments.

6.4 Insurance. The Consultant shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement. Consultant further agrees to comply with all provisions in the attached Exhibit B which is incorporated herein.

6.5 Indemnification.

To the fullest extent permitted by law, Consultant shall indemnify and hold harmless City and any and all of its officials, employees, agents, and/or volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this Agreement. Consultant’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence or willful misconduct.

6.5.1. Duty to defend:

In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall defend the Indemnified Parties at Consultant’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by City is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and City, as to whether liability arises from the sole or active negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.

6.6 Compliance with Applicable Law. The Consultant and the City shall comply with all applicable laws, ordinances, and codes of the federal, state, county, and city governments, including, without limitation, Malibu Municipal Code Chapter 5.36 Minimum Wage.
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6.7 Independent Contractor. This Agreement is by and between the City and the Consultant and is not intended, and shall not be construed, to create the relationship of agency, servant, employee, partnership, joint venture, or association, as between the City and the Consultant.

6.7.1. The Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any control over the conduct of the Consultant, or any of the Consultant’s employees, except as herein set forth, and the Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that the Consultant is and shall at all times remain to the City a wholly independent contractor and the Consultant's obligations to the City are solely such as are prescribed by this Agreement.

6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.

6.9 Legal Construction.
(a) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California.
(b) This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
(c) The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
(d) Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.

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

6.11 Final Payment Acceptance Constitutes Release. The acceptance by the Consultant of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to the Consultant for anything done, furnished or relating to the Consultant’s work or services. Acceptance of payment shall be any 8 Agreement for Professional Services
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negotiation of the City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of the Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

6.12 Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant.

6.13 Files. All files of the Consultant pertaining to the City shall be and remain the property of the City. The Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.

6.14 Waiver; Remedies Cumulative. Failure by a party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

6.15 Mitigation of Damages. In all such situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

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

6.17 Attorneys' Fees. The parties hereto acknowledge and agree that each will bear his/her or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled. 9 Agreement for Professional Services
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6.18 Entire Agreement. This Agreement constitutes the whole agreement between the City and the Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any changes or modifications to this Agreement must be made in writing appropriately executed by both the City and the Consultant.

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

CITY: Steve McClary CONSULTANT: Allison Cook
City Manager Owner/Principal
City of Malibu Capstone City Planning
23825 Stuart Ranch Road 253 Camino Toluca
Malibu, CA 90265-4861 Camarillo, CA 93010
TEL (310) 456-2489 x 226 TEL (805) 415-1991
FAX (310) 456-2760 EMAIL
[email protected]

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

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

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

City Initials ______
Consultant Initials ______
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7.2 Disclosure not Required. By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______
This Agreement is executed on _____________________, at Malibu, California, and effective as of April 22, 2024.

CONSULTANT:
_______________________________
By: ALLISON COOK, Principal
CITY OF MALIBU:
___________________________________
STEVE UHRING, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
AC
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EXHIBIT A

SCOPE OF WORK
12 253 Camino Tolcua, Camarillo, CA 93010
(805) 415-1991 │ [email protected]
March 22, 2024
Patricia Salazar
Development and Operations Manager
Planning Department
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265-4861
Via e-mail at [email protected]
Dear Patricia:

I am happy to provide you with this proposal for consulting services for Zoning Ordinance and Local Coastal Program Local Implementation Plan amendments related to the City of Malibu 2021-2029 Housing Element implementation. My proposal is based on discussions with you and Joyce Parker Bozylinski, and the list of Housing Element programs that the City desires to implement ahead of Housing Element adoption/certification, which was provided to me by Ms. Bozylinski (Attachment 1).

I understand that there is a quick turnaround time for adopting the necessary Zoning Ordinance and Local Implementation Plan amendments, with City Council adoption by October 2024. I can meet this schedule, and provide the needed services to assist the City of Malibu in meeting its goals as well as the directives of the State Housing and Community Development Department. If selected, I am able to start work immediately upon execution of an agreement and notice to proceed from the City.

The scope of services is outlined in Attachment 2, along with a schedule for completion and a budget.

Attachment 3 is a summary of my relevant experience. I have an extensive background in long-range planning, Zoning Ordinance Amendments, and in implementing General Plans, particularly Housing Elements. My resume is included as Attachment 4.

If I can provide you with any other information, or if you have questions, please let me know. Thank you very much for your consideration.

Sincerely,
Allison Cook
Allison Cook AICP
Principal, Capstone City Planning
13 ATTACHMENT 1

LIST OF HOUSING ELEMENT PROGRAMS FOR ZOA AND LIP AMENDMENTS (PROVIDED BY CITY CONSULTANT)
Malibu Municipal Code (MMC) and Local Implementation Plan (LIP) Amendments 2021-2029 Draft Housing Element
• Amend the LIP and MMC to require the replacement of existing residential units on nonvacant RHNA sites as a condition of project approval for development pursuant to AB 1397 (Adequate Sites) passed in 2017. Specifically, sites that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control, or occupied by low- or very low-income households are subject to this requirement. • Amend the LIP and MMC to allow transitional and supportive housing as a regular residential use to be similarly permitted as other uses of the same housing type in the same zone. • Amend the LIP and MMC to allow licensed residential care facilities for seven or more persons in residential zones with a CUP for persons of any age, allow operation by for-profit agencies as well as non-profit agencies, and ensure that the CUP findings are based on objective standards that do not constrain the development of large residential care facilities and provide certainty to applicants through the permitting process.
• Revise the definition of emergency shelters and remove the individual capacity limit and requirement of proximity to a transit stop for emergency shelters to meet the requirements of AB 2339. LIP and MMC parking regulations for Homeless and Emergency Shelters and Navigation Centers to comply with Government Code section 65583, subdivision (a)(4)(A). • Amend the LIP and MMC to comply with Government Code section 65661 which requires a Low Barrier Navigation center to be a use by-right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses, provided specific requirements of the law are met. • Amend the MMC and LIP to remove the provision of review of a request for reasonable accommodation on the basis that may have a material effect on surrounding properties and ensure that requests for reasonable accommodation are reviewed only on the basis of objective findings, limited to review by the Planning Director. Additionally, clarify in the MMC and LIP that 14 2
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Proposal for Consulting Services – Housing Element Implementation review and approval of reasonable accommodation requests are not contingent upon the findings of other discretionary decisions.
• Amend City density bonus regulations consistent with state law (Government Code §65915 et seq.).
• Amend the development standards of the Affordable Housing Overlay Zone as described in the MMC and LIP to include a maximum density independent of the state density bonus. 15 3
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Proposal for Consulting Services – Housing Element Implementation ATTACHMENT 2

PROPOSAL FOR CONSULTING SERVICES FOR THE CITY OF MALIBU

ZONING ORDINANCE AND LOCAL COASTAL PROGRAM LOCAL IMPLEMENTATION PLAN AMENDMENTS FOR 2021-2029 HOUSING ELEMENT IMPLEMENTATION A. SCOPE OF WORK
The scope of work consists of the following:

Amending Title 17 (Zoning) of the Malibu Municipal Code (MMC) and the Local Coastal Program’s Local Implementation Plan (LIP) to implement eight program objectives in the City’s Draft 2021- 2029 Housing Element, Chapter 7.5 Housing Plan, as follows:

An option (Option A) is provided regarding Objective 3.4.a. for density bonus provisions, described in the following table. The proposed scope of work does not include this option, but it can be added if so desired by the City.

Program 2.3: Replacement Housing
Obj. 2.3.a. Amend the LIP and MMC to establish the replacement requirements pursuant to AB 1397. (Per Attachment 1, amend the LIP and MMC to require the replacement of existing residential units on nonvacant RHNA sites as a condition of project approval for development pursuant to AB 1397 (Adequate Sites) passed in 2017. Specifically, sites that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control, or occupied by low- or very low-income households are subject to this requirement).

Program 2.4: Support the Development of Variety of Housing Types Obj. 2.4.a. Amend the LIP and MMC to allow transitional and supportive housing in all zones allowing residential uses, including the CC zone, as a regular residential use to be similarly permitted as other uses of the same housing type in the same zone. Amend the LIP and MMC to permit by right permanent supportive housing (AB 2162).
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Proposal for Consulting Services – Housing Element Implementation Obj. 2.4.b. Amend the LIP and MMC to allow licensed residential care facilities for seven or more persons in residential zones with a CUP for persons of any age, allow operation by for-profit agencies as well as non-profit agencies, and ensure that the CUP findings are based on objective standards that do not constrain the development of large residential care facilities and provide certainty to applicants through the permitting process.

Obj. 2.4.c. Revise the definition of emergency shelters and remove the individual capacity limit and requirement of proximity to a transit stop for emergency shelters to meet the requirements of AB 2339. LIP and MMC parking regulations for Homeless and Emergency Shelters and Navigation Centers to comply with Government Code section 65583, subdivision (a)(4)(A).

Obj. 2.4.d. Amend the LIP and MMC to comply with Government Code section 65661 which requires a Low Barrier Navigation center to be a use by-right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses, provided specific requirements of the law are met.

Program 3.1: Facilitate the Development of New Housing for Extremely Low-, Very Low-, Low-, and Moderate-Income Households
Obj. 3.1.e. Amend the development standards of the Affordable Housing Overlay Zone as described in the MMC and LIP to include a maximum density independent of the state density bonus.

Program 3.3: Housing for Persons with Special Needds
Obj. 3.3.d. Amend the MMC and LIP to remove the provision of review of a request for reasonable accommodation on the basis that may have a material effect on surrounding properties and ensure that requests for reasonable accommodation are reviewed only on the basis of objective findings, limited to review by the Planning Director. Additionally, clarify in the MMC and LIP that review and approval of reasonable accommodation requests are not contingent upon the findings of other discretionary decisions.

Program 3.4: Density Bonus
Obj. 3.4.a. Amend City density bonus regulations consistent with state law (Government Code §65915 et seq.).

OPTION: Due to the frequent amendments to the Government Code sections pertaining to density bonus by the State Legislature, many cities are opting for a pared-down Density Bonus Ordinance in the Municipal Code. The pared-down ordinance simply references the Government Code for many of the detailed and often quantifiable provisions, such as levels of affordability and density bonus allowances, and types of density bonuses, incentives and concessions, rather than list them in the ordinance. The ordinance would instead include general density bonus provisions and City procedures. This scope of work assumes a ”pared-down” Density Bonus Ordinance in the MMC and LIP provisions. A complete version, addressing the most recent Government Code provisions, can be prepared as an option (Option A). 17 5
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Proposal for Consulting Services – Housing Element Implementation

OPTIONAL
Program 2.4: Support the Development of Variety of Housing Types Obj. 2.4.e. Amend LIP and MMC to comply with State Employee Housing Act, which stipulates that any employee housing for six or fewer persons should be treated as a single-family use.

This objective is not on the Attachment 1 list provided to Capstone. However, the Housing Element lists this objective’s zoning changes to be adopted by October 14, 2024. This item can be added to the overall ZOA and LIP amendment scope of work as an option (Option B).

Project Assumptions:
• Coordination meetings between City staff and Capstone City Planning (Capstone) will consist of video or telephone conferences (for time and cost efficiences), with the exception of one in-person meeting.
• Hearings will be attended virtually.
• Capstone deliverables will be in Word and/or Excel format. • The MMC and LIP will be provided to Capstone in Word format. • For all deliverables provided to the City for review, the City will provide a single set of directed revisions to Capstone using Word’s “strikeout-underline” (track changes) function.
• No graphics or exhibits are anticipated as part of this scope of work. • No California Environmental Quality Act (CEQA) determination and documentation is part of this scope of work, nor is it accounted for in the project schedule. (Capstone is available to discuss CEQA options, if desired).
• City staff will prepare notices and publish/post them.

TASK 1: PROJECT RESEARCH AND OUTLINE
The purpose of this task is to refine the approach to the Zoning Ordinance Amendment (ZOA) and LIP Amendment. It also includes review of the Draft 2021-2029 Housing Element (Housing Element) and LIP.

Subtask 1.1: Research and Review
At the outset of the project, Capstone will review the Housing Element, LIP, and any key correspondence from the State Housing and Community Development Department (HCD).

Subtask 1.2: Draft General Outline
Capstone will prepare a brief outline of the proposed ZOA and LIP Amendment to incorporate the identified Housing Element program objectives. This includes identifying particular sections of the documents for revision, and the general approach to meeting the intent of the Housing Element programs/objectives.
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Proposal for Consulting Services – Housing Element Implementation Subtask 1.3: Final General Outline
Capstone will finalize the general outline based on comments from the City on the draft version.

TASK 2: DOCUMENT PREPARATION
This task is to prepare amendments to the Zoning Ordinance and LIP in “strikeout-underline” mode when feasible. Where large sections of these documents are being rewritten and rearranged, “strikeout-underline” will not be used. In such cases, a written explanation of the changes will be provided along with the new text. Capstone will use the current format, style and outline of the ZOA and LIP, unless alternative direction is provided upfront by the City, prior to beginning this task.

Subtask 2.1: Administrative Draft Amendments
Capstone will prepare an administrative draft version of the amendments for City review.

Subtask 2.2: Second Administrative Draft Amendments
Capstone will prepare a second administrative draft version of the amendments for City review, incorporating City comments on the initial draft.

Subtask 2.3: Public Draft Amendments
Capstone will prepare a public draft version incorporating City comments on the second draft. It is assumed that the City would be responsible for making this version available to the public and responding to any public questions.

Subtask 2.4: Final Draft Amendments
This subtask consists of updating the public draft version, based on guidance from the City and its vetting of public comments. This version will be included in the Planning Commission staff report. This subtask also includes incorporating any Planning Commission comments into the final draft amendments presented to City Council. The scope of work assumes that any Planning Commission comments will be minor edits, and not require re-drafting of the amendments.

TASK 3: STAFF REPORT PREPARATION
Capstone will prepare the Planning Commission and City Council staff reports, ordinances and resolutions for the amendments. The reports/ordinances/resolutions would be based on templates of similar legislative actions (i.e., ZOA, LCPA) provided by the City.

Subtask 3.1: Draft Planning Commission Report
Capstone will prepare one draft version of the Planning Commission report/ordinances/resolutions for the City to review.
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Proposal for Consulting Services – Housing Element Implementation Subtask 3.2: Final Planning Commission Report
Capstone will prepare one final version of the Planning Commission report/ordinances/resolutions incorporating City comments on the draft version.

Subtask 3.3: Draft City Council Report
Capstone will prepare a draft version of the City Council report/ordinances/resolutions for the City to review. This subtask assumes two separate City reviews – first the Planning Department followed by the City Manager’s Office. Capstone will address Planning Department comments and prepare a subsequent version to submit to the City Manager’s Office.

Subtask 3.4: Final City Council Report
Capstone will prepare one final version of the City Council report/ordinances/resolutions based on City Manager’s Office comments transmitted via the Planning Department.

TASK 4: PUBLIC HEARINGS
This task is to provide presentations on the Zoning Ordinance and LIP amendments – two to the Planning Commission and one to the City Council, either as an oral staff report or as support to Planning Department staff’s presentation. This task also includes preparation of PowerPoints.

Subtask 4.1: Planning Commission Hearing and Presentation This task consists of two in-person hearings and preparation of presentations. This is in the event the Planning Commission desires to continue the public hearing. Alternatively, one hearing and one workshop-type meeting can be provided (both in-person).

Subtask 4.2: City Council Hearing and Presentation
This task consists of two in-person hearings and preparation of presentations.

TASK 5: MEETINGS AND COORDINATION
The purpose of this task is to ensure that project management meets the City’s expectations and keeps the project on schedule, including timely product delivery. Given the potential complexity of Housing Element implementation, adequate coordination among Capstone, City staff, and any other applicable City consultants is paramount. The task provides for check-in points and key discussions on tasks between the City and Capstone. This task assumes weekly phone calls between City staff and Capstone, and periodic telephone or video call meetings as needed. Four in-person meetings are also assumed.

Subtask 5.1: Video or Telephone Meetings
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Proposal for Consulting Services – Housing Element Implementation This subtask assumes weekly status meetings for a total of 28 one-hour meetings, and an additional eight meetings of 1.5 hours each to discuss work products and key issues in the scope of work.

Subtask 5.2: In-Person Meeting
This subtask assumes two in-person meetings of two and one-half hours each.

TASK 6: PREPARATION OF ITEMS FOR COASTAL COMMISSION
The purpose of this task is to prepare the following items upon City Council adoption of the amendments, to be provided to the California Coastal Commission: summary of LIP amendments, LIP amendments in “strikeout-underline,” and consistency analysis among the LIP amendments, LCP and Coastal Act. These documents will reflect any City Council hearing directed changes. This task assumes that City staff will provide templates, or examples, of these types of items. This task does not include preparing other application items to the Coastal Commission or submitting the application to the Coastal Commission.

Subtask 6.1: Draft Coastal Commission Items
The documents will reflect the direction from the City Council hearing, as indicated by the Planning Department. They will be provided to City staff for review and comment.

Subtask 6.2: Final Coastal Commission Items
The final documents will be prepared incorporating City staff comments.

B. SCHEDULE
The schedule is organized by completion by end of week. For example, Task 1.1 would be completed by the end of Week 1. Week 1 would begin following Notice to Proceed issued by the City. To meet the tight timeline of October 2024 for City Council final adoption of the amendments, there is a limited preparation and review turnaround time.

Week No.

Task Capstone
Completion
City Review
Completion

1.1: Research and Review 1

1.2: Draft Outline 1 2

1.3: Final Outline 3

2.1: Administrative Draft Amendments 6 7

2.2: Second Administrative Draft Amendments 9 10

2.3: Public Draft Amendments 11 12

2.4.: Final Draft Amendments 14
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3.1: Draft Planning Commission Report 14 15

3.2: Final Planning Commission Report 16

3.3: Draft City Council Report 17 19

3.4: Final City Council Report 20

4.1: Planning Commission Hearing and Presentation 16

4.2: City Council Hearing and Presentation 21

5.0: Meetings and Coordination Ongoing

6.1: Draft Coastal Commission Items 26 28

6.2: Final Coastal Commission Items 28
C. BUDGET
The estimated not-to-exceed budget is $84,900. The tasks in Option A and Option B, noted above, are an additional $3,000 and $1,500, respectively. No reimbursable expenses are proposed. If desired, a contingency can be added to the total. A 20 percent contingency would be an additional $16,980.

Task No. of
Hours
Hourly
Rate ($)
Cost
($)

1.1: Research and Review 14 150 2,100

1.2: Draft Outline 16 150 2,400

1.3: Final Outline 8 150 1,200
Task 1 Subtotal 38 5,700

2.1: Administrative Draft Amendments
Obj. 2.3.a. Replacement Housing 24 150 3,600
Obj. 2.4.a. Transitional and Supportive Housing 18 150 2,700 Obj. 2.4.b. Residential Care Facilities 18 150 2,700
Obj. 2.4.c. Emergency Shelters 16 150 2,400
Obj. 2.4.d. Low Barrier Navigation Center 16 150 2,400
Obj. 3.1.e. Affordable Housing Overlay Zone 28 150 4,200 Obj. 3.3.d. Reasonable Accommodations 12 150 1,800
Obj. 3.4.a. Density Bonus 12 150 1,800

2.2: Second Administrative Draft Amendments 28 150 3,300

2.3: Public Draft Amendments 16 150 2,400

2.4: Final Draft Amendments 18 150 2,700
Task 2 Subtotal 230 34,500

3.1: Draft Planning Commission Report 42 150 6,300

3.2: Final Planning Commission Report 20 150 3,000

3.3: Draft City Council Report 50 150 7,500

3.4: Final City Council Report 28 150 4,200
Task 3 Subtotal 140 21,000

4.1 Planning Commission Hearings and Preparation 24 150 3,600 22 10
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4.2: City Council Hearing and Preparation 24 150 3,600
Task 4 Subtotal 48 7,200

5.0: Meetings and Coordination 45 150 6,750
Task 5 Subtotal 45 6,750

6.1: Draft Coastal Commission Items 45 150 6,750

6.2: Final Coastal Commission Items 20 150 3,000
Task 6 Subtotal 36 9,750
TOTAL 84,900
20% Contingency1 16,980
TOTAL WITH CONTINGENCY 101,880
Option A: Full Density Bonus Ordinance – addt’l hours 24 150 3,600 Option B: Obj. 2.4.e – Employee Housing amendment 10 150 1,500 1 Contingency will be exercised only upon written approval of the City. Capstone will provide to the City a scope of work and budget for the identified additional work. 23 11
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Proposal for Consulting Services – Housing Element Implementation ATTACHMENT 3

RELEVANT EXPERIENCE
The following are current or past projects that demonstrate my experience relevant to this proposal to prepare ZOA and LIP amendments to implement the City of Malibu 2021-2029 Housing Element.

City of Santa Ana – ZOA for General Plan (including Housing Element) Implementation City of Atascadero – Comprehensive ZOA
City of Paso Robles – Comprehensive ZOA
County of San Diego – Objective Design Standards
City of Baldwin Park – Objective Design Standards
City of Lancaster – SB 9/Urban Lots Ordinance and Subdivision Ordinance Amendments Contra Costa County Collaborative (association of municipalities in the County) – Model Density Bonus Ordinance and ADU Ordinance
City of San Marino – Objective Design Standards
City of Agoura Hills – 4
th, 5th, and 6th Housing Element Cycles Implementation ZOA City of Agoura Hills – Reasonable Accommodations Ordinance City of Agoura Hills – General Plan Implementation ZOA
24 12
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Proposal for Consulting Services – Housing Element Implementation ATTACHMENT 4
Allison Cook, AICP
253 Camino Toluca
Camarillo, CA 93010 │ 805-415-1991
[email protected]

PROFILE
Planning consultant to municipalities with 30+ years of public and private sector experience.

EXPERIENCE
Capstone City Planning
Owner – Camarillo, CA – 6/2022-present
Provide current planning, zoning and long -range planning consulting services, including zoning ordinances, General Plans, Specific Plans, Housing Element implementation, CEQA peer review and project management.

City of Agoura Hills
Assistant Planning Director – 2015-2022
Principal Planner – 2008-2015
Senior Planner – 2005-2008
Managed long-range planning division, and customer service-focused current planning division, including development review, environmental review (CEQA), front counter services, and architectural review. Project manager for 4th, 5th and 6th Housing Element cycles, General Plan Updates 2010 and 2022, and the Agoura Village Specific Plan, including preparation and implementation. Redevelopment Agency staff managing inter-disciplinary design team for Citysponsored affordable housing projects. Project manager of complex and controversial mixeduse development applications, City sponsored annexation proposals, ZOAs, and First Time Homebuyer Program. Prepared CEQA documents. Supervised all planning department staff.

City of Carpinteria
Senior Planner – 2004-2005
Processed all types of discretionary permits and land divisions, including serving as case planner for single-family residential subdivisions and mixed-use developments in the Coastal Zone.

Prepared CEQA documents.
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Proposal for Consulting Services – Housing Element Implementation Allison Cook Land Use and Environmental Consulting
Owner/Principal, Ventura, CA – 1992-2004
Planning consulting services to a variety of municipal entities, consulting companies, and nonprofits, including City of Calabasas, City of Carpinteria, City of Santa Barbara, Santa Barbara Airport, Rincon Consultants, Padre Associates, and Solimar Research Group. Group facilitation/mediation, development of grant making strategies for private foundations, permit expediting, CEQA document preparation, development review and entitlement, and master plan preparation.

Santa Barbara Airport
Airport Planner – 1992-1997
Responsible for current and long-range aviation, environmental, and land use planning and design. Project manager for major wetland impact and mitigation project. Assisted in preparation of the Airport Master Plan, including expansion of Terminal and runways/taxiways.

Processed entitlements for Airport development projects, including obtaining regulatory environmental clearance, and conducted ongoing environmental mitigation and monitoring.

Staff to the Goleta Slough Management Committee, charged with protection of the Slough.

EDUCATION
UCLA – M.A. Urban Planning, 1992
Connecticut College – B.A. Sociology/Art History, 1989, Magna Cum Laude, Phi Beta Kappa

AFFILIATIONS AND ACTIVITIES
American Planning Association (APA) – since 1990
Association of Environmental Professionals (AEP) – since 2005 Legislative Officer, Central Coast Section, CA APA Board – 2015-2017 CA AEP Advanced CEQA Seminar 2019- Speaker/Instructor
CA APA Legislative Review Team – 2015-present
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EXHIBIT B

INSURANCE LANGUAGE
Without limiting Consultant’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.

Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

Should Consultant obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of Coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.
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Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.

City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
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Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Additional Insured Status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition Of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of Insureds. A severability of interests’ provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.

City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Consultant, the City and Consultant may renegotiate the Consultant’s compensation.
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Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

Timely Notice Of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance. The consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
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Agenda Item # 4.A.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Brandie Ayala, Administrative Analyst
Reviewed by: Travis Hart, Deputy Public Works Director
Approved by: Steve McClary, City Manager
Date prepared: April 1, 2024 Meeting date: April 22, 2024 Subject: 2024 Wastewater and Recycled Water Rate Study and Proposed Rates
RECOMMENDED ACTION: 1) Conduct a public hearing to receive public testimony and consider all protests concerning the adoption of the wastewater and recycled water rates; 2) Unless written protests from a majority of affected parcels are received, adopt Resolution No. 24-15 establishing the wastewater and recycled water service charges for Fiscal Years 2024-2025, 2025-2026, 2026-2027, and 2027-2028.

FISCAL IMPACT: No additional appropriation is required. All operation and maintenance expenses associated with the Civic Center Water Treatment Facility (CCWTF) will be paid by the revenue generated by the wastewater and recycled water service charges. Funding for costs associated with City-owned properties will be included in future year budgets.

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-2024 Strategic Priority Project List.

DISCUSSION: In October 2018, Phase 1 of the Civic Center Wastewater Treatment Plant (CCWTF) was completed. The properties within Phase 1 connected their private wastewater lines to the City’s wastewater collection system and the City began collecting wastewater and recycled water service fees. The wastewater and recycled water service rates were established in July 2017 to provide sufficient revenue to offset the associated operation, maintenance, and management costs.

On June 28, 2021, the Council approved the 2021 Wastewater and Recycled Water Rate Study Update and the wastewater and recycled water services rates were revised for City Council Meeting
04-22-24
Item

4.A.
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Agenda Item # 4.A.

Fiscal Years 2021-2022, 2022-2023 and 2023-2024. These revised rates are set to expire June 30, 2024.

The revised wastewater and recycled water service rates need to be adjusted to collect the necessary revenue to offset the actual operation, maintenance and management costs for future fiscal years. These proposed wastewater and recycled water service rates will be in place for four years or until CCWTF Phase 2 is completed. At that time, these wastewater and recycled water service rates will need to be adjusted to account for the additional properties connected to the CCWTF.

Budget
An analysis of the actual operation, maintenance, and management costs are required to provide adequate wastewater and recycled water service rates. In November 2023, Water Resources Economics (WRE) was retained to review the data and prepare an update to the wastewater and recycled water service rates. WRE considered previous rate studies, actual expenses from the last few fiscal years and projected operating, maintenance, and management expenses for the next four fiscal years.

Staff provided WRE proposed budget information including the following:

1. Contract Costs: Actual costs for the operation and maintenance identified in the City’s contract with Integrated Performance Consultants, Inc., who perform the operation and maintenance of CCWTF. Generally, these costs include the actual labor to operate the system. Staff also considered that the maintenance and operation contract must be updated in 2026.

2. Pass-through Costs: Reimbursable expenses by the CCWTF operator and not included in the Contract Costs. These items include chemicals, replacement of equipment, fuel for the backup generators, and the removal and disposal of biosolids.

3. Direct Costs: Additional expenses the City will incur operating, maintaining, and managing the CCWTF including utilities, insurance, operating supplies, and water quality monitoring.

The CCWTF projected total budget for Fiscal Year 2024-2025 is approximately $2.2 million and will be included in the proposed budget that will be presented to City Council on April 24, 2024.

FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28
Adopted Budget Proposed Budget Projected Budget Projected Budget Projected Budget $2,073,067 $2,205,350 $2,459,454 $2,493,457 $2,531,517
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Agenda Item # 4.A.

Wastewater Rates
The objectives used in developing the recommended rates were based on an equitable sharing of the wastewater costs and actual services provided.

In January 2016, the City Council established Assessment District 2015-1 (Assessment District). This Assessment District provided a method of equitable distribution of the design and construction costs based on the estimated flow and strength of the wastewater contributed by each parcel within the district. To be consistent, the current wastewater and recycled water service rates were developed using the same methodology used in the Assessment District. This ensures a fair and equitable distribution of the operation, maintenance and management of the wastewater, recycled water, and injection wells systems.

Equivalent Dwelling Units (EDUs) allow the development of a base unit to which all parcels are compared and service rates are established. For example, a standard home is represented by the number of fixtures, wastewater flow and strength. A restaurant is then defined by how many standard homes, or EDUs, its flow is equivalent to. An analysis was created to arrive at a standard EDU for wastewater service rate using a similar methodology used in the Assessment District. Each parcel would pay a monthly service rate based on how many EDUs the parcels flow and strength would be equal to. For example, Malibu City Hall has 6.36 EDUs. The following table shows the calculated EDUs for Phase 1:

Wastewater EDUs
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28
Actual Projected Projected Projected Projected
Number of Developed EDUs 378 378 387 387 387
Since vacant parcels will not be using wastewater and recycled water services until they are developed, the vacant parcels will not be factored into the development of the wastewater rates under Proposition 218. The total annual budget was divided by developed EDUs to calculate the monthly cost per EDU (Annual Budget / 378 EDU / 12 months)
Budget Category
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28
Adopted Projected Projected Projected Projected
Contract 1,155,000 1,155,000 1,443,750 1,443,750 1,443,750 Pass Through Costs 325,000 402,915 342,719 370,852 402,826 Direct Costs 593,067 647,435 672,985 678,856 684,943
Total 2,073,067 2,205,350 2,459,454 2,493,458 2,531,519 Wastewater Rate ($/EDU) $506.44 $516.57 $526.91 $537.45 $548.20 3

Page 4 of 5 ends

Agenda Item # 4.A.

The total monthly charge for each parcel is determined by multiplying the EDU rate by the total EDUs for each parcel. The proposed wastewater service rate will remain in place until June 30, 2028. At that time, Phase 2 of the project will be almost complete, and the City will refine the budget as well as adjust the rates based upon the number of developed parcels in Phase 1 and Phase 2.

Recycled Water Rates
The CCWTF treats wastewater to a level at which it can be used for recycled water. The treated wastewater is disinfected and sent to the recycled water system. If there is a surplus, the recycled water will be injected into the ground through the injection wells.

There is a minimal difference in operation and maintenance costs between groundwater injection and recycled water distribution costs. Based upon this analysis and input from stakeholders, property owners within Phase1 would receive their wastewater flow back as recycled water (minusa 5% loss in the treatment process) at no additional cost. However, recycled water rates need to be established based on those property owners who exceed their allocations and for those property owners outside the Phase 1 boundary who wish to purchase recycled water.

The recycled water rates will be split up into the following categories and tiers:
• Inside Assessment District – This rate includes those properties located within the boundary of Phase 1.
o Tier 1 - Recycled water equal to the Phase 1 property owner’s wastewater flow minus 5-percent due to water loss
o Tier 2 - Excess usage by Phase 1 property owners beyond their wastewater flow.
• Outside Assessment District – Those property owners who seek to purchase recycled water outside the boundary of Phase 1.

These proposed recycled water rates will be in effect through June 30, 2028.

Recycled Water
FY 2023-24
Current
FY 2024-25
Proposed
FY 2025-26
Proposed
FY 2026-27
Proposed
FY 2027-28
Proposed
Inside Assessment District:

Tier 1 (per HCF) $0.00 $0.00 $0.00 $0.00 $0.00
Inside Assessment District:

Tier 2 (per HCF) $2.36 $2.47 $2.83 $2.88 $2.93
Outside Assessment District
(per HCF) $5.93 $6.13 $6.49 $6.54 $6.59
The recycled water rates are calculated to recover the capital, operations and maintenance costs associated with the wastewater to meet the requirements for recycled water. Under the Inside Assessment District category, rates were calculated to be $2.47 per hundred cubic feet beginning fiscal year 2024-2025. 4

Page 5 of 5 ends

Agenda Item # 4.A.

Properties located outside the Assessment District did not contribute to the capital costs, those costs as well as the operation and maintenance costs will need to be recovered under the Outside Assessment District category. Those rates were calculated to be $6.13 per hundred cubic feet beginning fiscal year 2024-2025. This rate is lower than Los Angeles County Waterworks District No. 29 usage rate of $9.19.

Any additional revenue generated by the recycled water rates will offset future operation and maintenance budgets and could reduce the need for future rate increases.

Proposition 218
In July 2006, the California Supreme Court determined that water and wastewater service charges are property related charges and therefore are subject to Proposition 218 procedural requirements. Proposition 218 procedures require notices to be mailed to each property owner 45 days prior to public hearing on any proposed fee increase. Proposition 218 prohibits the adoption of a fee increase if a majority of property owners protest in writing. Under Proposition 218, the fee must not exceed the proportional cost of the service attributable to the property.

On March 14, 2024, a detailed notice to proposed water and wastewater rates was mailed to all property owners in Civic Center Water Treatment Facility – Phase One. The notice provided details on how to submit a protest to the City. Written protests may be received prior to the City Council meeting. Oral comments made at the public hearing will qualify as formal protests of the proposed rate increases if accompanied by written protest setting forth the required information as set forth above. If written protests are submitted by a majority of the affected property owners, the proposed rates will not be imposed.

A detailed notice of the proposed wastewater and recycled water rate was mailed to all the property owners within the service area 45 days before the April 22, 2024, Public Hearing date. In addition to the mailed notice, staff also distributed information across all the City’s social media platforms including the City’s website.

ATTACHMENTS:

1. Resolution No. 24-15 – Wastewater and Recycled Water Rates for Fiscal Years 2024-2025, 2025-2026, 2026-2027

2. 2024 Wastewater and Recycled Water Rate Study Update

3. Notice of Public Hearing for 2024 Wastewater and Recycled Water Rate Study Update
5 Attachment #1
RESOLUTION NO. 24-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

ESTABLISH THE WASTEWATER AND RECYCLED WATER SERVICE
CHARGES FOR FISCAL YEARS 2024-2025, 2025-2026, 2026-2027, AND 2027-2028
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. The City Council of the City of Malibu, State of California, did on March 4, 2024, received a presentation of the 2024 Wastewater and Recycled Water Rate Study Update, authorize the mailing of Proposition 218 notices to the affected property owners, and set April 22, 2024, as a public hearing date to establish wastewater and recycled water service charges for Fiscal Year (FY) 2024-2025, 2025-2026, 2026- 2027 and 2027-2028.

B. On March 14, 2024, a detailed notice of the proposed wastewater and recycled water service charges was mailed to all property owners in the Civic Center Water Treatment Facility – Phase One. The notice provided details on how to submit a protest of these proposed rates.

C. The City Clerk fixed a time and place for a public hearing relating to the proposed wastewater and recycled water service charges.

D. At the time set for the public hearing, all comments, objections, and protests were duly heard and considered.

E. All evidence, both oral and written, relative to the necessity for the proposed assessment was heard and considered.

F. At the public hearing, the City Council did not receive protests from a majority of the affected property owners. The City Council is now satisfied as to the proposed wastewater and recycled water service charges for FY 2024-2025, 2025-2026, 2026-2027, and 2027-2028.

SECTION 2. The City Council adopts the attached Exhibit A and the wastewater and recycled water service charges set forth there in.

SECTION 3. The rates as described in Exhibit A shall become effective July 1, 2024.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
6 Resolution No. 24-15

Page 2 of 6 ends

_____________________
PASSED, APPROVED, and ADOPTED this 22nd day of April 2024. _____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
7 Resolution No. 24-15

Page 3 of 6 ends

_____________________

EXHIBIT A

1. WASTEWATER MONHTLY SERVICE RATES:

The wastewater monthly service charges will be fixed monthly fee based upon an Equitant Dwelling Units (EDUs) methodology. EDUs create a base unit to which all parcels are compared in magnitude. Each parcel would pay a monthly wastewater service rate based on how many Standard Homes or (EDUs) the parcel’s flow and total organic load would equal. The following is the EDU monthly wastewater service rate:

FY 2024 FY 2025 FY 2026 FY 2027 FY2028
Per EDU $506.44 $516.57 $526.91 $537.45 $548.20

2. RECYCLED WATER SERVICE RATES:

The developed parcels will receive their wastewater flow back as recycled water at no additional cost. However, recycled water service rates will be charged to customers that exceed their allocations and for any customers outside the Assessment District that will connect to the recycled water system or receive recycled water. Each parcel’s allocation is contained within the Modified Engineer’s Report – City of Malibu Assessment District No. 2015-1. The following is the recycled water service rate:

FY 2024 FY 2025 FY 2026 FY 2027 FY2028
Inside District
Tier 1 $0.00 $0.00 $0.00 $0.00 $0.00
Tier 2* $2.36/HCF $2.47/HCF $2.83/HCF $2.88/HCF $2.93/HCF Outside District $5.93 $6.13 $6.49 $6.54 $6.59
*Tier 2 rates will be charged for customers that exceed their allocations 8 Resolution No. 24-15

Page 4 of 6 ends

_____________________

3. EDU TABLE:

ASSESSMENT
NUMBER
ASSESSOR’S
PARCEL
NUMBER

DEVELOPED
EDUS
1 4452-011-029 6.3611
2 4452-011-033 0.9331
3 4452-011-035 7.4647
4 4452-011-036 0.0000
5 4452-011-037 2.4224
6 4452-011-039 13.7104
7 4452-011-042 7.5219
8 4452-011-043 13.1498
9 4452-011-803 1.5497
10 4452-012-024 18.3497
11 4458-001-003 0.0000
12 4458-002-018 0.5486
13 4458-002-019 2.0505
14 4458-002-900 0.9965
18 4458-018-027 1.9059
19 4458-018-028 1.9059
20 4458-018-029 0.0000
21 4458-018-030 1.9059
22 4458-018-031 0.0000
23 4458-018-032 0.0000
24 4458-018-033 0.0000
25 4458-018-902 0.0000
26 4458-018-904 0.5990
27 4458-019-003 0.0000
28 4458-019-008 0.0000
29 4458-019-009 4.5462
9 Resolution No. 24-15

Page 5 of 6 ends

_____________________

ASSESSMENT
NUMBER
ASSESSOR’S
PARCEL
NUMBER

DEVELOPED
EDUS
30 4458-019-010 124.3166
31 4458-020-002 0.3744
32 4458-020-004 2.1516
33 4458-020-010 15.1846
34 4458-020-014 21.1238
35 4458-020-904 0.0000
36 4458-020-900 0.0000
37 4458-020-901 0.0000
38 4458-020-902 0.0000
39 4458-020-903 18.2205
40 4458-021-173 6.8966
41 4458-021-175 0.0000
42 4458-021-901 6.3573
44 4458-022-907 0.0000
45 4458-022-012 0.0000
46 4458-022-019 0.0000
50 4458-022-025 0.0000
51 4458-022-029 2.7695
52 4458-022-906 16.7568
53 4458-027-023 4.2828
54 4458-027-024 2.0420
55 4458-027-025 0.9965
56 4458-028-900 0.0735
57 4458-028-901 0.1988
58 4458-018-035 0.0000
59 4458-018-036 0.0000
60 4458-018-037 0.0000
10 Resolution No. 24-15

Page 6 of 6 ends

_____________________

ASSESSMENT
NUMBER
ASSESSOR’S
PARCEL
NUMBER

DEVELOPED
EDUS
61 4458-018-038 0.0000
62 4458-018-039 0.0000
63 4458-018-040 0.0000
64 4458-018-041 0.0000
65 4458-018-042 0.0000
66 4458-018-906 0.0000
67 4458-018-907 0.0000
68 4458-022-030 33.3835
70 4458-022-032 29.7480
71 4458-022-033 5.5921
72 4458-022-908 3.4034
11 City of Malibu
2024 Wastewater and Recycled Water Rates Update
Report – April 22, 2024
Prepared by: Water Resources Economics, LLC
12 Attachment #2
This page intentionally left blank
13 Water Resources Economics
April 1, 2024
Rob DuBoux
Public Works Director
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
Subject: City of Malibu 2024 Wastewater and Recycled Water Rates Update Dear Mr. DuBoux,
Water Resources Economics, LLC is pleased to submit this 2024 Wastewater and Recycled Water Rates Update Report to the City of Malibu Public Works Department. This report documents the results and recommendations of the 2024 Wastewater and Recycled Water Rates Update. The overall goal of the update was to develop a proposed four-year schedule of wastewater and recycled water rates through FY 2027-28 that will sufficiently fund the Civic Center Water Treatment Facility’s operations and maintenance expenses and provide financial stability for the City’s Fund 515.

This update utilized industry-standard rate-setting methodology in accordance with guidelines developed by the American Water Works Association and the Water Environment Federation. Our project team has a proven record of developing fair and equitable water and wastewater rates for numerous public water agencies in California over the past 25 years. We’re confident in our ability to develop sound rates that satisfy Proposition 218 requirements.

It has been a pleasure assisting the City and we appreciate the support provided by yourself, Ms.

Brandie Ayala, and other City staff over the course of the update.

Sincerely,
Sanjay Gaur
Principal Consultant
14 City of Malibu 2024 Wastewater and Recycled Water Rates Update Water Resources Economics

TABLE OF CONTENTS

1. Executive Summary.................................................................................................................. 1

2. Introduction............................................................................................................................. 7

2.1 Wastewater and Recycled Water System Overview..................................................................... 7

2.2 Rate Study Overview ..................................................................................................................... 7

2.3 Legal Requirements....................................................................................................................... 7

2.4 Rate-Setting Methodology ............................................................................................................ 8

2.5 Disclaimers..................................................................................................................................... 8

3. Financial Plan........................................................................................................................... 9

3.1 Financial Plan Methodology .......................................................................................................... 9

3.2 Revenues........................................................................................................................................ 9

3.3 Operations & Maintenance Expenses......................................................................................... 12

3.4 Internal Loans.............................................................................................................................. 16

3.5 Financial Policies.......................................................................................................................... 16

3.6 Status Quo Financial Plan ............................................................................................................ 16

3.7 Proposed Financial Plan............................................................................................................... 19

4. Rate Design............................................................................................................................22

4.1 Rate Design Methodology ........................................................................................................... 22

4.2 Rate Structure Evaluation............................................................................................................ 22

4.3 Wastewater Rate Development .................................................................................................. 22

4.4 Recycled Water Rate Development............................................................................................. 23

4.5 Proposed Wastewater and Recycled Water Rate Schedule........................................................ 26 15 City of Malibu 2024 Wastewater and Recycled Water Rates Update Water Resources Economics
TABLES
Table 1-1: Current Wastewater and Recycled Water Rate Schedule....................................................... 2 Table 1-2: Proposed Revenue Adjustments............................................................................................. 4 Table 1-3: Proposed Wastewater and Recycled Water Rate Schedule.................................................... 6 Table 3-1: Current Wastewater and Recycled Water Rates................................................................... 10 Table 3-2: Units of Service...................................................................................................................... 11 Table 3-3: Fund 515 Revenues from Current Rates ............................................................................... 11 Table 3-4: Fund 515 Other Non-Rate Revenues..................................................................................... 12 Table 3-5: Cost Escalation Assumptions................................................................................................. 12 Table 3-6: Fund 515 O&M Expenses....................................................................................................... 14 Table 3-7: Fund 515 Existing General Fund Loan Repayment................................................................ 16 Table 3-8: Fund 515 Status Quo Financial Plan Proforma...................................................................... 17 Table 3-9: Proposed Quo Revenue Adjustments.................................................................................... 19 Table 3-10: Fund 515 Proposed Financial Plan Proforma ...................................................................... 20 Table 4-1: Proposed Wastewater Rate Calculations.............................................................................. 23 Table 4-2: Recycled Water O&M Cost Component Calculation............................................................. 24 Table 4-3: Recycled Water Capital Cost Component Calculation........................................................... 25 Table 4-4: Proposed Recycled Water Rate Calculations......................................................................... 26 Table 4-5: Proposed Wastewater and Recycled Water Rate Schedule.................................................. 26

FIGURES
Figure 1-1: Projected CCWTF Fund (Fund 515) O&M Expenses............................................................... 3 Figure 1-2: Projected Wastewater Equivalent Dwelling Units (EDUs) ..................................................... 4 Figure 1-3: Status Quo Financial Plan Cash Flow...................................................................................... 5 Figure 1-4: Proposed Financial Plan Cash Flow ........................................................................................ 5 Figure 3-1: Status Quo Financial Plan Cash Flow Summary ................................................................... 18 Figure 3-2: Status Quo Financial Plan Cash Balance Summary .............................................................. 18 Figure 3-3: Proposed Financial Plan Cash Flow Summary...................................................................... 21 Figure 3-4: Proposed Financial Plan Cash Balance Summary................................................................. 21

ABBREVIATIONS
CCWTF: Civic Center Water Treatment Facility
City: City of Malibu
EDU: Equivalent Dwelling Unit
FY: Fiscal year (July 1 – June 30)
GPD: Gallons per day
HCF: One hundred cubic feet
O&M: Operations and maintenance
WRE: Water Resources Economics, LLC
16 City of Malibu 2024 Wastewater and Recycled Water Rates Update 1 1. EXECUTIVE SUMMARY

OVERVIEW
The City of Malibu (City) developed the Civic Center Water Treatment Facility (CCWTF) in response to regulatory actions taken by the Los Angeles Regional Water Quality Board and the State Water Resources Control Board to prohibit discharges from septic systems in the City’s Civic Center area.

Phase One of the CCWTF project was completed in 2018 and included the construction of wastewater and recycled water collection systems. Phase Two and Phase Three of the CCWTF, which have yet to commence, will extend wastewater and recycled water services to additional parcels in the City’s Civic Center area.

The City established wastewater charges and recycled water rates to recover ongoing CCWTF Phase One operations and maintenance (O&M) expenses from customers connected to the system. These rates were developed during two prior rate studies conducted in 2017 and 2021. The City engaged Water Resources Economics (WRE) to conduct this rate update to establish a four-year schedule of proposed wastewater and recycled water rates through FY 2027-28. Note that the City formed Assessment District No. 2015-1 in 2016 to recover the capital costs of CCWTF Phase One construction from parcels, but that these charges are not within the scope of this rate update.

LEGAL REQUIREMENTS
Legal considerations relating to retail water and wastewater rates in California focus heavily on Proposition 218, which was enacted in 1996 and is now reflected in Article XIII C and Article XIII D of the California Constitution. Proposition 218 states that “property related fees and charges” (which include retail water and wastewater rates) may not exceed the proportional cost of providing the service to the customer and may not be used for any purpose other than providing said service. The practical implication is that public retail water and wastewater agencies in California must demonstrate a sufficient nexus between the costs incurred by the agency to provide service and the rates charged to customers.

RATE-SETTING METHODOLOGY
This rate update study was conducted based on industry-standard methodologies outlined by the American Water Works Association in its Manual of Water Supply Practices M1: Principles of Water Rates, Fees and Charges, Seventh Edition and the Water Environment Federation in its Manual of Practice No. 27: Financing And Charges for Wastewater Systems, Fourth Edition. The overall rate study process is summarized in the steps outlined below:

1. Financial Plan: Annual revenues from current rates and expenses are projected over a multiyear period to establish baseline financial projections. If current rates generate insufficient revenues to recover expenses and meet financial targets, then the need for rate increases is evaluated.
17 City of Malibu 2024 Wastewater and Recycled Water Rates Update 2 2. Rate Design: The existing rate structure is evaluated, and potential changes are identified. A multi-year proposed rate schedule is then calculated directly from the results of the financial plan and any additional cost allocation analyses for the selected rate structure.

3. Rate Study Documentation: A rate study report is developed to document the proposed rate development process. The report serves to provide transparency to customers and elected officials, and to enhance legal defensibility in light of Proposition 218 requirements. This document serves as the report for this rate update.

CURRENT WASTEWATER AND RECYCLED WATER RATES
The City’s currently adopted wastewater and recycled water rate schedule extends through FY 2023-

24. Wastewater and recycled water rates and charges are recovered by the City from customers twice per year via the County of Los Angeles property tax roll. The City’s current wastewater and recycled water rate structure consists of the following types of rates and charges:

1. Wastewater Charges: The current wastewater rate structure consists of a single uniform fixed charge per equivalent dwelling unit (EDU). One EDU represents the wastewater flow generation and strength loadings of a typical single family residential household. Wastewater customers currently connected to the CCWTF Phase One system are subject to wastewater charges based on the number of EDUs attributed to each parcel.

2. Recycled Water Volumetric Rates: The current recycled water rate structure consists of volumetric rates per hundred cubic feet (HCF) of water delivered. Recycled water customers within Assessment District No. 2015-1 are subject to a two-tier volumetric rate structure. Tier 1 includes an uncharged allotment of up to 14 HCF per EDU per month. Tier 2 includes all use in excess of 14 HCF per EDU per month. Recycled water customers outside of Assessment District No. 2015-1 are subject to a higher uniform volumetric rate because they do not contribute to CCWTF Phase One construction costs via separate Assessment District charges.

Table 1-1: Current Wastewater and Recycled Water Rate Schedule Current Rates
FY 2021-22 FY 2022-23 FY 2023-24
(7/1/2021) (7/1/2022) (7/1/2023)
Wastewater Fixed Charges
Monthly Wastewater Charge (per EDU) $546.26 $558.56 $506.441 Recycled Water Volumetric Rates
Inside Assessment District: Tier 1 (per HCF) $0.00 $0.00 $0.00 Inside Assessment District: Tier 2 (per HCF) $2.24 $2.30 $2.36 Outside Assessment District (per HCF) $5.81 $5.87 $5.93 1 Note that the adopted FY 2023-24 monthly wastewater charge per EDU of $571.17 was reduced to $506.44 by City staff to account for higher than anticipated EDU growth and to prevent the overcollection of revenues. 18 City of Malibu 2024 Wastewater and Recycled Water Rates Update 3 KEY ASSUMPTIONS
Projected Fund 515 O&M Expenses
O&M expenses funded by wastewater and recycled water rates include CCWTF Fund (Fund 515) salaries, benefits, operations, and maintenance expenses. Annual O&M expenses were projected over the study period based on the City’s adopted FY 2023-24 budget (see Figure 1-1). Annual cost escalation assumptions were developed to reflect anticipated cost changes due to inflationary pressures, changes in operations, and detailed cost projections from City staff and the contracted CCWTF operator. Total Fund 515 O&M expenses are projected to increase by 5.2% per year on average. In particular, contractual costs that the City must pay to the CCWTF operator, as well as equipment maintenance, biosolids disposal, and motor fuel expenses are expected to increase substantially throughout the rate-setting period.

Figure 1-1: Projected CCWTF Fund (Fund 515) O&M Expenses Projected Units of Service
Units of service represent the quantity of billing units subject to rates and charges. The number of developed EDUs connected to the CCWTF system represent the units of service for the City’s wastewater charges. The number of developed EDUs were projected by City staff and reflect a relatively small amount of anticipated parcel development in the Phase One service area over the rate-setting period (see Figure 1-2).

Annual recycled water deliveries in HCF are the units of service for the City’s recycled water rates.

Although recycled water generated at the CCWTF is currently being used at Malibu Bluffs Park or sent to injection wells, no Phase One customers have received recycled water deliveries to date. In order to ensure sufficiently conservative revenue projections, no recycled water sales were assumed over the rate-setting period.
19 City of Malibu 2024 Wastewater and Recycled Water Rates Update 4 Figure 1-2: Projected Wastewater Equivalent Dwelling Units (EDUs)

RESULTS AND RECOMMENDATIONS
Proposed Revenue Adjustments
Annual revenues and expenses were forecasted over a five-year period to establish financial projections for the City’s CCWTF Fund. This provided a basis from which to evaluate the need for wastewater and recycled rate increases (referred to as “revenue adjustments”). Various proposed revenue adjustment scenarios over the four-year rate-setting period were considered and refined based on input from City staff and the City’s Public Works Commission, resulting in the proposed revenue adjustments shown below (see Table 1-2). The proposed revenue adjustments include 2% increases each July over the next four fiscal years.

Table 1-2: Proposed Revenue Adjustments
Fiscal Year Effective Date
Revenue
Adjustment %
FY 2024-25 July 1, 2024 2.0%
FY 2025-26 July 1, 2025 2.0%
FY 2026-27 July 1, 2026 2.0%
FY 2027-28 July 1, 2027 2.0%
Financial Plan Projections
Five-year financial plan projections for the City’s CCWTF Fund are shown on the following page for two scenarios: 1) excluding the proposed revenue adjustments (referred to as the “status quo financial plan”) and 2) including the proposed revenue adjustments (referred to as the “proposed financial plan”). A comparison of the two scenarios clearly shows that revenue adjustments are necessary in order for the CCWTF Fund to avoid an operating deficit over the rate-setting period. 20 City of Malibu 2024 Wastewater and Recycled Water Rates Update 5 Status Quo vs. Proposed Financial Plans: Projected Cash Balance Under the status quo financial plan, an operating deficit emerges in the last three years, which means that revenues are insufficient to meet expenses and that reserves must be drawn from to cover a portion of expenses (see Figure 1-3).2 If unforeseen CCWTF maintenance or replacement needs emerge that are not reflected in the status quo financial plan’s projected O&M expenses, cash reserves may be depleted much more significantly. Under the proposed financial plan, revenues are projected to meet expenses in all years while maintaining healthy reserve levels (see Figure 1-4).

Figure 1-3: Status Quo Financial Plan Cash Flow
Figure 1-4: Proposed Financial Plan Cash Flow
2 Note that the negative green bars in Figure 1-3 represent draw from reserves to cover expenses. 21 City of Malibu 2024 Wastewater and Recycled Water Rates Update 6 Proposed Wastewater and Recycled Water Rate Schedule
The City’s existing wastewater and recycled water rate structure was evaluated, and potential changes were considered. However, no rate structure changes are recommended at this time. A combined schedule of current and proposed wastewater and recycled water rates was developed based on the existing rate structure (see Table 1-3). Note that charges separately collected by Assessment No. 2015-1 to recover CCWTF Phase One capital costs are not included, as they are not within the scope of this rate study. Please also note that the proposed rates are designed to recover CCWTF Phase One costs only, and do not account for any future additional costs resulting from Phase Two or Phase Three expansion.

Proposed wastewater rates were calculated by increasing current FY 2023-24 monthly wastewater charges by the proposed 2% annual revenue adjustments (per Table 1-2). This is slightly different than the wastewater rate calculation methodology utilized in the City’s two prior rate studies. This change was employed in order to reduce the level of rate volatility from year to year by smoothing out annual wastewater rate increases. Proposed recycled water rates were calculated based on the same methodology utilized in the City’s two prior rate studies. This methodology allocates costs to recycled water customers based on use of and contribution to the CCWTF system.

Table 1-3: Proposed Wastewater and Recycled Water Rate Schedule Proposed Rate Schedule
FY 2023-24
Current
(7/1/2023)
FY 2024-25
Proposed
(7/1/2024)
FY 2025-26
Proposed
(7/1/2025)
FY 2026-27
Proposed
(7/1/2026)
FY 2027-28
Proposed
(7/1/2027)
Wastewater
Monthly Wastewater Charge (per EDU) $506.44 $516.57 $526.91 $537.45 $548.20 Recycled Water
Inside Assessment District: Tier 13 (per HCF) $0.00 $0.00 $0.00 $0.00 $0.00 Inside Assessment District: Tier 24 (per HCF) $2.36 $2.47 $2.83 $2.88 $2.93 Outside Assessment District (per HCF) $5.93 $6.13 $6.49 $6.54 $6.59 3 Tier 1 includes all recycled water use up to 14 HCF per EDU per month. 4 Tier 2 includes all recycled water use in excess of 14 HCF per EDU per month. 22 City of Malibu 2024 Wastewater and Recycled Water Rates Update 7 2. INTRODUCTION

2.1 WASTEWATER AND RECYCLED WATER SYSTEM OVERVIEW
The City of Malibu (City) developed the Civic Center Water Treatment Facility (CCWTF) in response to regulatory actions taken by the Los Angeles Regional Water Quality Board and the State Water Resources Control Board to prohibit discharges from septic systems in the City’s Civic Center area.

Phase One of the CCWTF project was completed in 2018 and included the construction of a wastewater collection system, wastewater treatment facility, recycled water distribution lines, and a recycled water treatment facility. The CCWTF currently provides wastewater collection and centralized treatment services to parcels in the central core of the City’s Civic Center area. Phase Two and Phase Three of the CCWTF project, which have yet to commence, will extend wastewater and recycled water services to additional parcels in the City’s Civic Center area.

2.2 RATE STUDY OVERVIEW
The City established and implemented wastewater charges and recycled water rates to recover ongoing CCWTF Phase One operations and maintenance (O&M) expenses from customers connected to the Phase One system. The 2017 Wastewater and Recycled Water Rates Study established wastewater charges and recycled water rates for a three-year period spanning from Fiscal Year (FY) 2017-18 through FY 2019-20. The rates and charges developed were designed to recover ongoing Phase One O&M expenses only. Rate increases were delayed, and existing FY 2019-20 rates remained in effect through FY 2020-21 due to the COVID-19 pandemic. The 2021 Wastewater and Recycled Water Rate Update Study then established a new schedule of three-year wastewater and recycled water rates through FY 2023-24.

Public retail water and wastewater agencies in California typically conduct a rate study at least once every five years to ensure that customers are appropriately charged for service in compliance with applicable laws. The City therefore engaged Water Resources Economics (WRE) in November 2023 to conduct this rate update study to establish a four-year schedule of proposed wastewater and recycled water rates spanning from FY 2024-25 through FY 2027-28. The primary purpose of this update was to reevaluate the City’s revenue needs to recover CCWTF Phase One O&M expenses and to establish proposed wastewater and recycled water rates that will comply with all applicable laws.

Please note that the City formed Assessment District No. 2015-1 in 2016 to recover the capital costs of CCWTF Phase One construction, but these charges are not within the scope of this rate update.

2.3 LEGAL REQUIREMENTS
Legal considerations relating to retail water and wastewater rates in California focus heavily on Proposition 218, which was enacted in 1996 and is now reflected in Article XIII C and Article XIII D of the California Constitution. Proposition 218 states that “property related fees and charges” (which include retail water and wastewater rates) may not exceed the proportional cost of providing the service to the customer and may not be used for any purpose other than providing said service. The practical implication is that public retail water agencies in California must demonstrate a sufficient 23 City of Malibu 2024 Wastewater and Recycled Water Rates Update 8 nexus between the costs incurred by the agency to provide service and the rates charged to customers.

Proposition 218 also affects the rate adoption process by requiring agencies to hold a public hearing to adopt rates. The agency must mail public hearing notices to all customers no fewer than 45 days prior to the public hearing. The public hearing notices must clearly show all proposed rate changes, provide information on the public hearing date/time/location, and provide instructions on how customers may formally protest the proposed rate changes. If a majority of customers submit a formal protest, the proposed rate changes cannot be adopted.

2.4 RATE-SETTING METHODOLOGY
This rate update study was conducted based on industry-standard methodologies outlined by the American Water Works Association in its Manual of Water Supply Practices M1: Principles of Water Rates, Fees and Charges, Seventh Edition and the Water Environment Federation in its Manual of Practice No. 27: Financing And Charges for Wastewater Systems, Fourth Edition. The overall rate study process is summarized in the steps outlined below:

2. Rate Design: The existing rate structure is evaluated, and potential changes are identified.

System costs may be allocated to customers in proportion to use of the system, if necessary. A multi-year proposed rate schedule is then calculated directly from the results of the financial plan and any additional cost allocation analyses for the selected rate structure.

2.5 DISCLAIMERS
 All calculations and projections are based on the best available data as of January 2024.  All table values are displayed rounded to the nearest digit shown unless stated otherwise.

However, all results were calculated based on precise values. Attempting to manually recreate calculations from table values may therefore produce slightly different results.  No operating or capital costs associated with CCWTF Phase Two or Phase Three expansion were considered or accounted for in this rate update.
 Charges collected by Assessment District No. 2015-1 to recover the capital costs of CCWTF Phase One construction are outside of the scope of this rate update. 24 City of Malibu 2024 Wastewater and Recycled Water Rates Update 9 3. FINANCIAL PLAN

3.1 FINANCIAL PLAN METHODOLOGY
A financial plan was developed to project revenues, expenses, cash flows, and reserve balances over a five-year period spanning from FY 2023-24 through FY 2027-28. The primary goal of the financial plan is to quantify the total amount of revenue required from wastewater charges and recycled water rates on an annual basis to support the financial needs of the City’s CCWTF Fund (Fund 515). The key steps in developing the financial plan are outlined below:
 Revenue projections: Annual revenues from rates and other miscellaneous sources are projected over the study period. Rate revenues are projected based on current rates to establish baseline revenues from which the need for additional rate increases can be evaluated.
 Expense projections: Annual expenses are projected over the study period. This includes O&M expenses and repayment of internal loans from the City’s General Fund to Fund 515.

Capital expenses associated with CCWTF Phase One construction are funded separately by Assessment District No. 2015-1 and are therefore not included in the financial plan projections.
 Evaluation of financial policies: Relevant financial policies include cash reserve targets.

Reserve targets are typically set by an agency’s elected officials and may need to be periodically evaluated and updated. There is currently no formal reserve target for Fund 515, but City staff and WRE evaluated potential reserve targets.  Status quo financial plan projections: Cash flow and reserve balances are projected over the study period in the absence of any additional rate increases (i.e., the status quo). Projected reserve balances are then compared to the agency’s financial policy requirements and targets, if applicable. The status quo financial plan provides a baseline from which to evaluate the need for rate increases.
 Proposed financial plan projections: The magnitude and timing of annual proposed rate increases over the study period are evaluated and determined. Proposed rate increases (referred to as “revenue adjustments”) should generate sufficient revenue to recover Fund 515 expenses and maintain adequate reserves. The proposed financial plan determines the total annual rate revenue requirement over the rate-setting period.

3.2 REVENUES

CURRENT RATES
The City’s currently adopted three-year wastewater and recycled water rate schedule extends through FY 2023-24 (see Table 3-1). Note that charges collected by Assessment District No. 2015-1 to recover the capital costs of CCWTF Phase One construction are outside of the scope of this study and are therefore not shown. Wastewater and recycled water rates and charges are recovered by the City from customers twice per year via the County of Los Angeles property tax roll. However, all rates and 25 City of Malibu 2024 Wastewater and Recycled Water Rates Update 10 charges shown are on a monthly basis. The City’s current wastewater and recycled water rate structure consists of the following types of rates/charges:

2. Recycled Water Volumetric Rates: The current recycled water rate structure consists of volumetric rates per hundred cubic feet (HCF) of water delivered. Recycled water customers within Assessment District No. 2015-1 are subject to a two-tier volumetric rate structure. Tier 1 includes an uncharged allotment of up to 14 HCF per month, based on the rationale that costs incurred to produce this amount of recycled water are already recovered by customers’ wastewater charges per EDU. Tier 2 includes all water in excess of 14 HCF per month.

Recycled water customers outside of Assessment District No. 2015-1 are subject to a higher uniform volumetric rate to account for fact that these customers do not contribute to CCWTF Phase One construction costs via separate Assessment District charges.

Table 3-1: Current Wastewater and Recycled Water Rates
Current Rates
FY 2021-22 FY 2022-23 FY 2023-24
(7/1/2021) (7/1/2022) (7/1/2023)
Wastewater Fixed Charges
Monthly Wastewater Charge (per EDU) $546.26 $558.56 $506.445 Recycled Water Volumetric Rates
Inside Assessment District: Tier 1 (per HCF) $0.00 $0.00 $0.00 Inside Assessment District: Tier 2 (per HCF) $2.24 $2.30 $2.36 Outside Assessment District (per HCF) $5.81 $5.87 $5.93

UNITS OF SERVICE
Units of service represent the quantity of billing units subject to rates and charges. The number of EDUs are the units of service for the City’s wastewater charges. The number of developed EDUs were projected by City staff over the study period based on current actuals (see Table 3-2). Note that only “developed” EDUs, which are connected to the CCWTF Phase One wastewater system, are subject to wastewater charges. Annual recycled water use in HCF are the units of service for the City’s recycled water rates. Although recycled water generated at the CCWTF is currently being used at Malibu Bluffs Park or sent to injection wells, no Phase One customers have received recycled water deliveries and 5 Note that the adopted FY 2023-24 monthly wastewater charge per EDU of $571.17 was reduced to $506.44 by City staff to account for higher than anticipated EDU growth and to prevent the overcollection of revenues. 26 City of Malibu 2024 Wastewater and Recycled Water Rates Update 11 no recycled water rate revenues have been collected to date. Therefore, no recycled water sales were assumed over the study period.

Table 3-2: Units of Service
Units of Service
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28
Actual6 Projected Projected Projected Projected
Wastewater EDUs
Number of Developed EDUs 379 378 387 387 387
Recycled Water Sales (HCF)
Inside Assessment District: Tier 1 0 0 0 0 0
Inside Assessment District: Tier 2 0 0 0 0 0
Outside Assessment District 0 0 0 0 0
Total 0 0 0 0 0

REVENUE FROM CURRENT RATES
Annual revenues from current rates were projected over the study period (see Table 3-3).

Wastewater charge revenues were calculated by multiplying the current FY 2023-24 monthly charges (from Table 3-1) by the respective number of EDUs each year (from Table 3-2), and then multiplying by 12 months (to annualize the revenue). Recycled water volumetric rate revenues were calculated by multiplying current FY 2023-24 recycled water rates (from Table 3-1) by the respective water sales in HCF (from Table 3-2).

Table 3-3: Fund 515 Revenues from Current Rates
Revenues from Current Rates
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28
Projected Projected Projected Projected Projected
Wastewater
Wastewater Charges $2,303,289 $2,297,212 $2,351,907 $2,351,907 $2,351,907 Subtotal $2,303,289 $2,297,212 $2,351,907 $2,351,907 $2,351,907 Recycled Water
Inside Assessment District: Tier 1 $0 $0 $0 $0 $0
Inside Assessment District: Tier 2 $0 $0 $0 $0 $0
Outside Assessment District $0 $0 $0 $0 $0
Subtotal $0 $0 $0 $0 $0
Total $2,303,289 $2,297,212 $2,351,907 $2,351,907 $2,351,907 6 Recycled water sales in FY 2023-24 are partial year actuals as of October 2023. However, no additional recycled water sales are anticipated through the end of FY 2023-24.
27 City of Malibu 2024 Wastewater and Recycled Water Rates Update 12 OTHER NON-RATE REVENUES
The City’s Fund 515 also collects revenues from miscellaneous non-rate sources, which were projected over the study period (see Table 3-4). These other revenues include interest earnings on cash reserves, which were projected based on projected cash reserve levels and an assumed 1% annual interest rate. Note that no other sources of revenue were incorporated into the financial plan.

Table 3-4: Fund 515 Other Non-Rate Revenues
Other Non-Rate Revenues
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28
Projected Projected Projected Projected Projected
Interest Earnings $25,051 $25,723 $27,358 $27,506 $27,806 Other Revenues $0 $0 $0 $0 $0
Total $25,051 $25,723 $27,358 $27,506 $27,806

3.3 OPERATIONS & MAINTENANCE EXPENSES

COST ESCALATION ASSUMPTIONS
O&M expenses include Fund 515 salaries, benefits, operations, and maintenance expenses.7 Annual cost escalation assumptions were developed to project O&M expenses over the study period (see Table 3-5). The cost escalation assumptions reflect anticipated cost changes due to inflationary pressures, changes in operations, and detailed cost projections from City staff and the contracted CCWTF operator. Inflationary impacts were based both on City-specific historical cost increases as well as inflationary trends across the broader economy. No cost escalation assumptions are shown for FY 2023-24, which is the base year from which all cost escalation adjustments were applied.

Table 3-5: Cost Escalation Assumptions
Cost Escalation Category FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Insurance Premiums 0.00% 15.45% 0.00% 0.00%
Water Treatment Facility (WTF) Maintenance 0.00% 25.00% 0.00% 0.00% Equipment Maintenance 15.58% 15.58% 15.58% 15.58%
Water Quality 0.00% 9.43% 0.00% 0.00%
Biosolids Disposal 16.12% 16.12% 16.12% 16.12%
Operating Supplies 5.74% 5.74% 5.74% 5.74%
Motor Fuel 18.92% 18.92% 18.92% 18.92%
General Expenses 3.00% 3.00% 3.00% 3.00%
City Salaries/Benefits 4.00% 4.00% 4.00% 4.00%
Static (i.e., no increase) 0.00% 0.00% 0.00% 0.00%
7 Note that Fund 515’s General Fund loan interest expense (5810) is excluded from O&M expenses and accounted for separately within the financial plan analysis as part of Fund 515’s General Fund loan repayment. 28 City of Malibu 2024 Wastewater and Recycled Water Rates Update 13 O&M EXPENSES
O&M expenses were projected annually over the study period by applying the cost escalation assumptions from Table 3-5 to budgeted FY 2023-24 Fund 515 O&M expenses (see Table 3-6). Total Fund 515 O&M expenses are projected to increase by 5.2% per year on average over the study period. WTF Maintenance (5611) expenses, which include contractual costs that the City must pay to the CCWTF operator, are expected to increase by 25% in FY 2025-26. Other significant cost increases include increases of over 15% each year in equipment maintenance, biosolids disposal, and motor fuel expenses. Because the CCWTF has been operational for less than ten years, City staff is continuing to refine and improve its ability to forecast the CCWTF’s operating and maintenance needs. It is therefore possible that additional maintenance and replacement expenses that are not reflected in Table 3-6 may be incurred over the rate-setting period. 29 City of Malibu 2024 Wastewater and Recycled Water Rates Update 14 Table 3-6: Fund 515 O&M Expenses
O&M Expenses
Cost Escalation
Category
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28
Budget Projected Projected Projected Projected
Salaries & Benefits
Full-Time Salaries (4101) City Salaries/Benefits $67,262 $69,952 $72,751 $75,661 $78,687 Retirement (4201) City Salaries/Benefits $13,627 $14,172 $14,739 $15,329 $15,942 Health Insurance (4202) City Salaries/Benefits $9,907 $10,303 $10,715 $11,144 $11,590 Vision Insurance (4203) City Salaries/Benefits $104 $108 $112 $117 $122 Dental Insurance (4204) City Salaries/Benefits $580 $603 $627 $652 $679 Life Insurance (4205) City Salaries/Benefits $55 $57 $59 $62 $64 Disability Insurance (4209) City Salaries/Benefits $659 $685 $713 $741 $771 Other (4210-4216) City Salaries/Benefits $2,282 $2,373 $2,468 $2,567 $2,670 Subtotal $94,476 $98,255 $102,185 $106,273 $110,524
Operations & Maintenance
Professional Services (5100) Static $50,000 $50,000 $50,000 $50,000 $50,000 Service Fees and Charges (5210) General $37,000 $38,110 $39,253 $40,431 $41,644 Advertising & Noticing (5401) Static $500 $500 $500 $500 $500 Insurance Premiums (5510) Insurance Premiums $210,091 $230,000 $230,000 $230,000 $230,000 WTF Maintenance (5611) WTF Maintenance $1,155,000 $1,155,000 $1,443,750 $1,443,750 $1,443,750 Sewer Service Fees (5612) General $1,500 $1,545 $1,591 $1,639 $1,688 Assessment District - CCWTF (5613) General $3,000 $3,090 $3,183 $3,278 $3,377 Equipment Maintenance [from Budget] (5640) Equipment Maintenance $51,000 $58,944 $68,125 $78,736 $91,000 Equipment Maintenance [Additional] (5640)8 Non-Recurring $0 $85,000 $0 $0 $0 Water Quality Testing & Monitoring (5656) Water Quality $211,000 $211,000 $230,890 $230,890 $230,890 Telephone (5721) General $11,000 $11,330 $11,670 $12,020 $12,381 8 Additional costs associated with pump/manhole repairs per City staff. 30 City of Malibu 2024 Wastewater and Recycled Water Rates Update 15 O&M Expenses
Cost Escalation
Category
FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28
Budget Projected Projected Projected Projected
Electricity & Gas (5722) General $140,000 $144,200 $148,526 $152,982 $157,571 Water (5723) General $3,000 $3,090 $3,183 $3,278 $3,377 Natural Gas (5724) General $5,000 $5,150 $5,305 $5,464 $5,628 Trash Pickup/Recycling (5725) General $3,500 $3,605 $3,713 $3,825 $3,939 Biosolids Disposal (5725-01) Biosolids Disposal $55,000 $63,866 $74,162 $86,117 $100,000 Operating Supplies (6160) Operating Supplies $5,000 $5,287 $5,590 $5,911 $6,250 Chemical Supplies (6161) Static $35,000 $35,000 $35,000 $35,000 $35,000 Motor Fuel (6500) Motor Fuel $2,000 $2,378 $2,828 $3,364 $4,000 Subtotal $1,978,591 $2,107,095 $2,357,269 $2,387,184 $2,420,994 Total O&M Expenses $2,073,067 $2,205,350 $2,459,454 $2,493,457 $2,531,517 % Change 6.4% 11.5% 1.4% 1.5%
31 City of Malibu 2024 Wastewater and Recycled Water Rates Update 16 3.4 INTERNAL LOANS
Fund 515 has received an internal loan from the City’s General Fund in the past to ensure sufficient cash on hand to cover Fund 515 expenses. All existing General Fund loans to Fund 515 are expected to be fully repaid in FY 2023-24 (see Table 3-7). No additional internal loans from the General Fund to Fund 515 are anticipated over the rate-setting period.

Table 3-7: Fund 515 Existing General Fund Loan Repayment General Fund Loan Repayment FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Principal $186,113 $0 $0 $0 $0
Interest $2,000 $0 $0 $0 $0
Total $188,113 $0 $0 $0 $0

3.5 FINANCIAL POLICIES

RESERVE TARGETS
Water and wastewater utilities must maintain sufficient cash reserves to cover expenses during short-term cash flow imbalances and to mitigate financial risks. Fund 515 has historically addressed the challenge of short-term cash flow imbalances through the use of internal loans from the General Fund. Because no additional General Fund loans are anticipated over the rate-setting period, WRE and City staff evaluated the need to establish a formal reserve policy for Fund 515. However, it was determined that no formal reserve target was needed at this time. Rather, City staff deemed that an informal Fund 515 reserve target of $1.5 million is appropriate to cover short-term cash flow imbalances and mitigate financial risks. Therefore, all financial plan projections shown subsequently reference a reserve target of $1.5 million. Note that this reserve target represents an estimate by City staff of minimum acceptable cash reserve levels but does not reflect any official City policy.

3.6 STATUS QUO FINANCIAL PLAN
Status quo financial plan projections were developed to evaluate whether the currently adopted wastewater and recycled water rates will generate sufficient revenue over the study period to meet Fund 515’s financial needs (see Table 3-8). The proforma shown on the following page combines revenues and expenses from preceding subsections to project Fund 515 cash flow and reserve balances on an annual basis. The status quo financial plan is also summarized in graphical format (see Figure 3-1 and Figure 3-2).

The status quo financial plan provides a baseline scenario from which the need for “revenue adjustments” (i.e., rate revenue increases) can be assessed. Under the status quo financial plan, cash reserves are projected to remain above the informal reserve target of $1.5 million in all years.

However, net cash flow is negative in the last three years, which means that revenues are insufficient to meet expenses and that reserves must be drawn from to cover a portion of expenses. If unforeseen CCWTF maintenance or replacement needs emerge that are not reflected in the status quo financial plan’s projected expenses, cash reserves may be depleted much more significantly. 32 City of Malibu 2024 Wastewater and Recycled Water Rates Update 17 Table 3-8: Fund 515 Status Quo Financial Plan Proforma Line Description FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 1 FUND 515 CASH FLOW
2 Source of Funds
3 Revenue from Current Rates $2,303,289 $2,297,212 $2,351,907 $2,351,907 $2,351,907 4 Revenue Adjustments $0 $0 $0 $0 $0
5 Interest Earnings9 $25,051 $25,723 $26,899 $26,092 $24,938 6 Other Revenues $0 $0 $0 $0 $0
7 General Fund Loan Proceeds $0 $0 $0 $0 $0
8 Total Source of Funds $2,328,340 $2,322,935 $2,378,806 $2,378,000 $2,376,845 9 10 Use of Funds
11 O&M: Salaries & Benefits $94,476 $98,255 $102,185 $106,273 $110,524 12 O&M: Operations & Maintenance $1,978,591 $2,107,095 $2,357,269 $2,387,184 $2,420,994 13 General Fund Loan Repayment $188,113 $0 $0 $0 $0
14 Total Use of Funds $2,261,180 $2,205,350 $2,459,454 $2,493,457 $2,531,517 15 16 Net Cash Flow10 $67,160 $117,584 ($80,648) ($115,457) ($154,672) 17 18 FUND 515 CASH RESERVES
19 Projected Cash Balance
20 Beginning Cash Balance $2,505,121 $2,572,281 $2,689,865 $2,609,217 $2,493,760 21 Net Cash Flow $67,160 $117,584 ($80,648) ($115,457) ($154,672) 22 Ending Cash Balance $2,572,281 $2,689,865 $2,609,217 $2,493,760 $2,339,087 23 24 Reserve Target $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 25 Reserve Target Met? Yes Yes Yes Yes Yes
9 Interest earnings under the status quo financial plan are lower than what is shown in Table 3-4 due to the negative impact of lower cash reserve levels on interest earnings. Table 3-4 reflects projected values under the proposed financial plan.
10 [Line 16] = [Line 8] – [Line 14]
33 City of Malibu 2024 Wastewater and Recycled Water Rates Update 18 Figure 3-1: Status Quo Financial Plan Cash Flow Summary Figure 3-2: Status Quo Financial Plan Cash Balance Summary 34 City of Malibu 2024 Wastewater and Recycled Water Rates Update 19 3.7 PROPOSED FINANCIAL PLAN

PROPOSED REVENUE ADJUSTMENTS
The status quo financial plan demonstrates that currently adopted wastewater and recycled water rates are insufficient to fully recover Fund 515’s projected expenses over the study period. In order to ensure that Fund 515 generates sufficient revenues to fully recover its expenses and avoid an operating deficit, WRE recommended that the City consider revenue adjustments (i.e., proposed rate revenue increases) over the four-year rate-setting period.

Various proposed revenue adjustment scenarios over the study period were considered and refined based on input from City staff and the City’s Public Works Commission. During a Public Works Commission meeting on January 24, 2024, WRE and City staff presented multiple revenue adjustment scenarios, and were directed to proceed with the proposed revenue adjustments shown below (see Table 3-9). The proposed revenue adjustments include 2% increases each July over the next four fiscal years. Note the cumulative impact of annual revenue adjustments over the four-year rate-setting period.

Table 3-9: Proposed Quo Revenue Adjustments
Description FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 Proposed Revenue Adjustments
Revenue Adjustment % N/A 2% 2% 2% 2%
Effective Date N/A July 1, 2024 July 1, 2025 July 1, 2026 July 1, 2027 Months Effective in Fiscal Year N/A 12 12 12 12
Additional Rate Revenue
FY 2023-24 Revenue Adjustment $0 $0 $0 $0 $0
FY 2024-25 Revenue Adjustment $45,944 $47,038 $47,038 $47,038 FY 2025-26 Revenue Adjustment $47,979 $47,979 $47,979
FY 2026-27 Revenue Adjustment $48,938 $48,938
FY 2027-28 Revenue Adjustment $49,917
Total $0 $45,944 $95,017 $143,956 $193,873

PROPOSED FINANCIAL PLAN
Proposed financial plan projections were developed to evaluate the sufficiency of the proposed revenue adjustments over the study period (see Table 3-10). The proposed financial plan is also summarized in graphical format (see Figure 3-3 and Figure 3-4) The proposed financial plan proforma shown on the following page is similar to the status quo financial plan proforma from Table 3-8. The primary difference is the inclusion of additional revenue from the proposed revenue adjustments.

Under the proposed financial plan, revenues are projected to meet expenses in all years while maintaining healthy reserve levels.
35 City of Malibu 2024 Wastewater and Recycled Water Rates Update 20 Table 3-10: Fund 515 Proposed Financial Plan Proforma Line Description FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 1 FUND 515 CASH FLOW
2 Source of Funds
3 Revenue from Current Rates $2,303,289 $2,297,212 $2,351,907 $2,351,907 $2,351,907 4 Revenue Adjustments $0 $45,944 $95,017 $143,956 $193,873 5 Interest Earnings $25,051 $25,723 $27,358 $27,506 $27,806 6 Other Revenues $0 $0 $0 $0 $0
7 General Fund Loan Proceeds $0 $0 $0 $0 $0
8 Total Source of Funds $2,328,340 $2,368,879 $2,474,283 $2,523,369 $2,573,586 9 10 Use of Funds
11 O&M: Salaries & Benefits $94,476 $98,255 $102,185 $106,273 $110,524 12 O&M: Operations & Maintenance $1,978,591 $2,107,095 $2,357,269 $2,387,184 $2,420,994 13 General Fund Loan Repayment $188,113 $0 $0 $0 $0
14 Total Use of Funds $2,261,180 $2,205,350 $2,459,454 $2,493,457 $2,531,517 15 16 Net Cash Flow11 $67,160 $163,528 $14,828 $29,912 $42,068 17 18 FUND 515 CASH RESERVES
19 Projected Cash Balance
20 Beginning Cash Balance $2,505,121 $2,572,281 $2,735,810 $2,750,638 $2,780,550 21 Net Cash Flow $67,160 $163,528 $14,828 $29,912 $42,068 22 Ending Cash Balance $2,572,281 $2,735,810 $2,750,638 $2,780,550 $2,822,619 23 24 Reserve Target $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 25 Reserve Target Met? Yes Yes Yes Yes Yes
11 [Line 16] = [Line 8] – [Line 14]
36 City of Malibu 2024 Wastewater and Recycled Water Rates Update 21 Figure 3-3: Proposed Financial Plan Cash Flow Summary Figure 3-4: Proposed Financial Plan Cash Balance Summary 37 City of Malibu 2024 Wastewater and Recycled Water Rates Update 22 4. RATE DESIGN

4.1 RATE DESIGN METHODOLOGY
A proposed four-year wastewater and recycled water rate schedule was developed based on the results of the proposed financial plan in Section 3 as well as additional calculations presented in this section. The key steps in the rate development process were as follows:
 Rate structure evaluation: The existing wastewater and recycled water rate structure was evaluated, and potential changes were identified and considered. Proposed rate structure changes are typically intended to address specific policy objectives or to improve legal defensibility. No rate structure changes were proposed as a result of this study.  Wastewater rate development: Proposed wastewater charges were calculated directly from the results of the proposed financial plan by escalating existing charges by the proposed revenue adjustment percentages. This is slightly different from the wastewater rate calculation methodology utilized in the City’s two prior wastewater and recycled water rate studies, during which wastewater rates were calculated directly from annual expense projections. The updated methodology was employed in order to reduce the level rate volatility from year to year by smoothing out annual rate increases.  Recycled water rate development: Proposed recycled water rates were calculated based on the existing methodology utilized in the City’s two prior wastewater and recycled water rate studies. This methodology provides for the development of recycled water rates based on the allocation of appropriate costs related to providing recycled water service to customers. WRE reviewed the existing methodology and did not identify any necessary updates or modifications.

4.2 RATE STRUCTURE EVALUATION
The City’s existing wastewater and recycled water rate structure was evaluated, and potential changes were considered. However, no rate structure changes were recommended as a result of this evaluation. City staff indicated satisfaction with the existing rate structure, as it provides clear customer understanding due to its simple structure as well as revenue stability due to its reliance on fixed charges. WRE also evaluated the existing tier allotments for recycled water customers within Assessment District No. 2015-1. It is recommended that the Tier 1 monthly allotment of 14 HCF per EDU remain unchanged, as the underlying flow and water loss assumptions used to establish the existing tier allotment during the prior two rate studies were reviewed and confirmed.

4.3 WASTEWATER RATE DEVELOPMENT
A proposed four-year wastewater rate schedule was calculated by increasing current FY 2023-24 monthly wastewater charges from Table 3-1 by the proposed revenue adjustment percentages from Table 3-9 (see Table 4-1). All proposed rates are rounded up to the nearest cent. Under this methodology, the total proposed annual rate revenue requirement (which is equal to revenue from 38 City of Malibu 2024 Wastewater and Recycled Water Rates Update 23 current rates plus revenue adjustments per Table 3-10) is assumed to be recovered by wastewater charges alone, as no recycled water sales are assumed over the four-year rate-setting period.

Table 4-1: Proposed Wastewater Rate Calculations
Wastewater Rate Calculations
FY 2023-24
Current
(7/1/2023)
FY 2024-25
Proposed
(7/1/2024)
FY 2025-26
Proposed
(7/1/2025)
FY 2026-27
Proposed
(7/1/2026)
FY 2027-28
Proposed
(7/1/2027)
Proposed Revenue Adjustment N/A 2.0% 2.0% 2.0% 2.0%
Monthly Wastewater Charge (per EDU) $506.44 $516.57 $526.91 $537.45 $548.20 Change ($) N/A $10.13 $10.34 $10.54 $10.75

4.4 RECYCLED WATER RATE DEVELOPMENT

RECYCLED WATER RATE COST ALLOCATION BASIS
Proposed recycled water rates were calculated based on the existing calculation methodology employed in the prior two rate studies in 2017 and 2021. This methodology allocates costs differentially to each of the three volumetric recycled water rates, as follows:
 Inside Assessment District Tier 1: No costs are allocated to recycled water use by Inside Assessment District customers that stay within their Tier 1 monthly allotment of 14 HCF per EDU. This assumes that Tier 1 recycled water use does not exceed the customer’s wastewater flow generation (after accounting for water loss), and therefore allocable costs are already adequately recovered by the associated wastewater charges per EDU.  Inside Assessment District Tier 2: Additional O&M costs related to tertiary treatment are allocated to recycled water use by Inside Assessment District customers that exceed their Tier 1 monthly allotment of 14 HCF per EDU. Tertiary treatment is required to treat wastewater to recycled water standards. Therefore, it is appropriate for Tier 2 recycled water users to contribute towards additional tertiary treatment-related O&M expenses attributable to recycled water use in excess of customers’ own wastewater generation.  Outside Assessment District: Outside Assessment District recycled water customers are not subject to wastewater charges (to recover CCWTF O&M expenses) or Assessment District charges (to recover CCWTF Phase One capital expenses). Therefore, it is appropriate for outside recycled water users to contribute towards both tertiary treatment-related O&M expenses and Phase One capital expenses in order to ensure equitable contributions towards CCWTF cost recovery.

RECYCLED WATER O&M COST COMPONENT CALCULATION
The O&M cost component calculated below (see Table 4-2) represents the O&M unit rate per HCF to be applied to proposed Inside Assessment District Tier 2 and Outside Assessment District recycled water rates. The first step was to identify tertiary-related O&M expenses (see Lines 1-4). O&M expenses were first limited to contractual and pass-through costs, which represent the direct costs of 39 City of Malibu 2024 Wastewater and Recycled Water Rates Update 24 operating the CCWTF and exclude City staff salaries/benefits and other general/administrative expenses (see Line 1). To estimate tertiary-specific O&M expenses, two factors were applied. Firstly, a factor equal to the ratio of treatment-related Phase One construction costs to total Phase One construction costs was applied to isolate treatment-related costs from wastewater collection-related costs (see Line 2). Secondly, a factor equal to the estimated ratio of tertiary-related treatment costs to all treatment-related costs was applied to isolate tertiary treatment costs from primary and secondary treatment costs (see Line 3). Total tertiary treatment-related O&M expenses (Line 4) were divided by estimated annual recycled water production in HCF (Line 5) to determine the O&M cost component per HCF in each year over the rate-setting period (Line 6).

Table 4-2: Recycled Water O&M Cost Component Calculation Line O&M Cost Component Calculation FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 1 Annual Contractual & Pass-Through
O&M Expenses12 $1,549,539 $1,777,696 $1,805,412 $1,836,949 2 Treatment Plant Share of Phase One
Construction Costs (%)13 56.5% 56.5% 56.5% 56.5%
3 Tertiary Share of Treatment Plant
Costs (%)14 20.0% 20.0% 20.0% 20.0%
4 Allocable O&M Expenses15 $175,089 $200,869 $204,001 $207,564 5 Total Annual Recycled Water
Production (HCF)16 70,956 70,956 70,956 70,956
6 O&M Cost Component (per HCF)17 $2.47 $2.83 $2.88 $2.93

RECYCLED WATER CAPITAL COMPONENT CALCULATION
The capital cost component calculated below (see Table 4-3) represents the capital unit rate per HCF to be applied to proposed Outside Assessment District recycled water rates. This is necessary because outside recycled water users do not contribute towards CCWTF Phase One construction costs via Assessment District No. 2015-1 charges. Tertiary treatment-related Phase One construction costs (Line 3) were first quantified by multiplying total Phase One treatment plant construction costs (Line 1) by the estimated ratio of tertiary-related treatment costs to all treatment-related costs (see Line 2). This resulting value (Line 3) was then annualized by dividing by the useful life of the relevant facilities (Line 4) to estimate annualized tertiary-related treatment plant construction costs (Line 5).

Total annualized tertiary-related treatment plant construction costs (Line 5) were divided by 12 Contractual and pass-through O&M expenses include WTF Maintenance (5611), Equipment Maintenance (5640), Electricity & Gas (5722), Natural Gas (5724), Biosolids Disposal (5725-01), Chemical Supplies (6161), and Motor Fuel (6500) from Table 3-6. 13 Per the 2017 Wastewater and Recycled Water Rates Study Report. 14 Per the 2017 Wastewater and Recycled Water Rates Study Report. 15 [Line 4] = [Line 1] × [Line 2] × [Line 3] 16 Assumes 55.87 million gallons per year in total wastewater flows and a 5% recycled water loss factor per the 2017 Wastewater and Recycled Water Rates Study Report. 17 [Line 6] = [Line 4] ÷ [Line 5] 40 City of Malibu 2024 Wastewater and Recycled Water Rates Update 25 estimated annual recycled water production in HCF (Line 6) to determine the capital cost component per HCF, which does not vary by year over the rate-setting period (Line 7).

Table 4-3: Recycled Water Capital Cost Component Calculation Line Capital Cost Component Calculation All Years
1 Phase One Treatment Plant Construction Costs18 $25,989,666 2 Tertiary Share of Treatment Plant Costs (%)19 20.0%
3 Tertiary-Related Treatment Plant Construction Costs20 $5,197,933 4 Life of Tertiary-Related Treatment Plant Capital Assets21 20 years 5 Tertiary-Related Treatment Plant Construction Costs (Annualized)22 $259,897 6 Total Annual Recycled Water Production (HCF)23 70,956 7 Capital Cost Component (per HCF)24 $3.66

PROPOSED RECYCLED WATER RATE CALCULATIONS
Proposed recycled water rates over the four-year rate-setting period were calculated based on the O&M cost components from Table 4-2 and the capital cost component from Table 4-3 (see Table 4-4).

All proposed rates are rounded up to the nearest cent. The O&M cost component was applied to Inside Assessment District Tier 1 and Outside Assessment District recycled water rates only. The capital cost component was applied to the Outside Assessment District recycled water rate only. 18 Per the Modified Engineer’s Report: City of Malibu Assessment District 2015-1 (Civic Center Wastewater Treatment Facility – Phase 1). 19 Per the 2017 Wastewater and Recycled Water Rates Study Report. 20 [Line 3] = [Line 1] × [Line 2] 21 Per the 2017 Wastewater and Recycled Water Rates Study Report. 22 [Line 5] = [Line 3] ÷ [Line 4] 23 Assumes 55.87 million gallons per year in total wastewater flows and a 5% recycled water loss factor per the 2017 Wastewater and Recycled Water Rates Study Report. 24 [Line 7] = [Line 5] ÷ [Line 6] 41 City of Malibu 2024 Wastewater and Recycled Water Rates Update 26 Table 4-4: Proposed Recycled Water Rate Calculations Recycled Water Rate Calculations
FY 2023-24
Current
(7/1/2023)
FY 2024-25
Proposed
(7/1/2024)
FY 2025-26
Proposed
(7/1/2025)
FY 2026-27
Proposed
(7/1/2026)
FY 2027-28
Proposed
(7/1/2027)
Inside Assessment District: Tier 1
O&M Cost Component N/A N/A N/A N/A N/A
Capital Component N/A N/A N/A N/A N/A
Proposed Rate $0.00 $0.00 $0.00 $0.00 $0.00
Change ($) N/A $0.00 $0.00 $0.00 $0.00
Inside Assessment District: Tier 2
O&M Cost Component 2.36 2.47 2.83 2.88 2.93
Capital Component N/A N/A N/A N/A N/A
Proposed Rate $2.36 $2.47 $2.83 $2.88 $2.93
Change ($) N/A $0.11 $0.36 $0.05 $0.05
Outside Assessment District
O&M Cost Component $2.36 $2.47 $2.83 $2.88 $2.93
Capital Component $3.57 $3.66 $3.66 $3.66 $3.66
Proposed Rate $5.93 $6.13 $6.49 $6.54 $6.59
Change ($) N/A $0.20 $0.36 $0.05 $0.05

4.5 PROPOSED WASTEWATER AND RECYCLED WATER RATE SCHEDULE A combined schedule of current and proposed wastewater and recycled water rates is shown in Table 4-5 below. Note that charges separately collected by Assessment No. 2015-1 to recover CCWTF Phase One capital costs are not included.

Table 4-5: Proposed Wastewater and Recycled Water Rate Schedule Proposed Rate Schedule
FY 2023-24
Current
(7/1/2023)
FY 2024-25
Proposed
(7/1/2024)
FY 2025-26
Proposed
(7/1/2025)
FY 2026-27
Proposed
(7/1/2026)
FY 2027-28
Proposed
(7/1/2027)
Wastewater
Monthly Wastewater Charge (per EDU) $506.44 $516.57 $526.91 $537.45 $548.20 Recycled Water
Inside Assessment District: Tier 125 (per HCF) $0.00 $0.00 $0.00 $0.00 $0.00 Inside Assessment District: Tier 226 (per HCF) $2.36 $2.47 $2.83 $2.88 $2.93 Outside Assessment District (per HCF) $5.93 $6.13 $6.49 $6.54 $6.59 25 Tier 1 includes all recycled water use up to 14 HCF per EDU per month. 26 Tier 2 includes all recycled water use in excess of 14 HCF per EDU per month. 42 Notice is hereby given a public hearing
will be held. You may access the virtual
meeting by visiting www.malibucity.org.

Should the City determine to also hold an
in-person meeting, information about the
in-person meeting will be posted on the
City’s website and included in the
agenda for the public hearing.

If approved by City Council, the proposed
rate increases will be effective for
services provided on or after July 1, 2024.

Pursuant to State law, protests may be provided by any
City customer or property owner subject to the proposed rate changes, against any or all of the proposed rate
changes described in this Notice. Written protests may
be submitted by mail addressed to:

City of Malibu
City Clerk’s Office
23825 Stuart Ranch Road
Malibu, CA 90265
Protests may also be submitted in person to the City
Clerk’s office at 23825 Stuart Ranch Road, Malibu,
CA 90265. Mailed protests must be received by the City
Clerk’s office no later than 5:00 p.m. on April 22, 2024.

Protests submitted in person must be received prior to
the close of the public hearing. Each written protest
must clearly identify the property or account
(by address, account number, or APN), reference which
of the proposed rates is being protested, and must
include the name and signature of the property owner
or tenant, as applicable. Protests submitted by email
can be sent to [email protected], provided the
email includes a scanned copy or image of the property
owner’s signature as well as the same information that
is otherwise required for the protest. Protests received by telephone or via social media sites, including, but not limited to, Facebook or X shall NOT be accepted. All
interested parties are invited to attend the public
hearing and present written protests and/or oral
comments on the proposed rate increases referenced
herein. Only one protest notice is allowed per parcel.

Oral comments made at the public hearing will not
qualify as formal protests of the proposed rate increases unless accompanied by a written protest setting forth
the required information (as set forth above). If written protests are submitted by a majority of the affected
property owners or customers, the proposed rates will
not be imposed. Pursuant to Government Code Section
53759, there is a 120-day statue of limitations for any judicial action or proceeding challenging any new, increased, or extended recycled water or wastewater fee or charge
Public Hearing and
Protests Proceedings PUBLIC

HEARING
Monday, APRIL 22— 6:30 p.m
The utility rate study, which details the
Wastewater and Recycled Water Systems’
budget and rate derivations, is available on
the City’s website at www.malibucity.org.

Additional Information
Attachment #3
43 In 2011, the City of Malibu (City) reached an agreement with the Regional Water Quality Control Board, Los
Angeles Region and the State Water Resources Control
Board to phase out the use of onsite wastewater disposal systems in the Civic Center Area of the City. In their place, the City is building a wastewater collection and treatment system as well as a recycled water production, distribution, and aquifer injection system.

The City is developing this project in three phases and Phase 1 was completed in October 2018. This phase
encompasses the construction of the treatment plant,
the collection system, and distribution systems to serve nearby parcels. Approximately 60% of the Phase 1 parcels in the central core of the Civic Center are developed. These parcels consist primarily of commercial properties with a few residential parcels. The City will begin charging the proposed rates once service is provided to the customer.

The City of Malibu’s wastewater and recycled water rates are subject to Proposition 218 and Malibu is therefore
required by law to charge its customers only what is
necessary to provide recycled water and wastewater
services.

About the
Proposed Rates
Wastewater Rates
Wastewater service costs fall into four groups:
• Contract Costs: Actual costs for the operation and
maintenance identified in the City’s contract with
Integrated Performance Consultants, Inc., the City’s
contracted operator for the CCWTF.
• Pass-through Costs: Reimbursable expenses by the
CCWTF operator and not included in the Contract
Costs. These items include chemicals, electricity, and
replacement of equipment, fuel for the backup
generators, and the biosolids removal and disposal.
• Direct Costs: Additional expenses the City will incur operating and maintaining the CCWTF including
utilities, insurance, operating supplies, and water
quality monitoring.

The total annual cost to operate the wastewater system
in fiscal year 2024 is anticipated to be $2,064,976. The City developed a per Equivalent Dwelling Unit (EDU) rate to
create parity across different customers. For the
development of the City’s rates, an EDU is defined as the equivalent of a single-family home in terms of wastewater flow and strength. Monthly wastewater rates per EDU
commencing July 1, 2024, through and including June 30, 2028, are shown in the next panel.

How Rates
are Calculated
July 1,
2025
July 1,
2026
July 1,
2027
Inside District
Tier 1 $0.00 $0.00 $0.00
Tier 2 $2.83 $2.88 $2.93
Outside District $6.13 $6.49 $6.59
Proposed Monthly Wastewater Rates
The proposed wastewater rates will take effect each
July 1, commencing July 1, 2024, through and including
June 30, 2028
July 1,
2024
July 1,
2025
July 1,
2027
Wastewater Rate
($/EDU) $516.57 $526.91 $537.45
Each developed parcel’s monthly charge will be calculated by multiplying the per EDU rate above by the total EDUs assigned to that parcel based on its relative flow and
strength compared to a single-family home.

Recycled Water Rates
All Assessment District customers will receive a monthly recycled water allocation based on their estimated
wastewater flow, minus 5% to account for water lost
during wastewater collection and treatment to produce
recycled water.

The recycled water rates intend to recover any additional burden on the system due to customers’ usage over their allocations and customers outside of the Assessment
District that connect to the recycled water system.

The proposed recycled water rates will take effect on July 1, 2024, and will increase each July 1 thereafter through and including 2028.

Proposed Recycled Water Rates
$548.20
July 1,
2026
July 1,
2024
$0.00
$2.47
$6.54
44

Page 1 of 6 ends

Malibu City CouncilApril 22, 2024

Malibu City Council
April 22, 2024