Malibu City Council
September 9, 2024

PLEASE DOWNLOAD THE AGENDA DOCUMENT FOR

INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING
Amended Agenda
CC240909_AMENDED_AGENDA.PDF
Item 3A1
Malibu Inn Motel Project Denial
CC240909_ITEM 3A1.PDF
CC240909_ITEM 3A1_SUPPLEMENTAL.PDF
Item 3B2
Approve Warrants
CC240909_ITEM 3B2.PDF
Item 3B3
Approval of Minutes
CC240909_ITEM 3B3.PDF
Item 3B4
Professional Services Agreement with California Skateparks CC240909_ITEM 3B4.PDF
Item 3B5
Approve Amendment to Contract for Special Legal Services with Leech, Tishman, Fuscado & Lampl, Inc. to Provide for Representation of the City related to the Matter of City of Malibu v. Federal Aviation Administration related to Aviation Noise and Impacts Generated from Changes to Los Angeles International Airport Flight Paths CC240909_ITEM 3B5.PDF
Item 4A
Amendment to Malibu Municipal Code Chapter 17.68 (Temporary Use Permits)

1. Documents:

2. Documents:

3. Documents:

4. Documents:

5. Documents:

6. Documents:

7. CC240909_ITEM 3B5.PDF
Item 4A
Amendment to Malibu Municipal Code Chapter 17.68 (Temporary Use Permits) CC240909_ITEM 4A.PDF
Item 4B
Proposed Schedule of Fees Fiscal Year 2024-25
CC240909_ITEM 4B.PDF
Documents:

7. Documents:

8. Documents:

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

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

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

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

Amended1 Malibu City Council
Regular Meeting Agenda
Monday, September 9, 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/88177875092
Five-thirty p.m. Convene for Purposes of Closed Session Call to Order – Mayor (Council Chambers)
Public Comment on Closed Session Items
1 See the modified recommended action to correct typographic errors and a supplemental report for Consent Calendar Item No. 3.A.1 AMENDED City Council Regular Meeting Agenda Page - 2 - September 9, 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 Sections 54957. Based on the advice of the City Attorney, discussion in open session concerning these matters would prejudice the position of the City in this litigation. The City Attorney will give an additional oral report regarding the Closed Session at the beginning of the next regular City Council meeting.

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

Conference with Legal Counsel – Anticipated Litigation

1. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9
Number of potential cases: (1)
Six-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Closed Session Report
Report on Posting of Agenda – August 30, 2024; Amended Agenda posted September 6, 2024 Approval of Agenda

1. Ceremonial/Presentations
A. Presentation of 2024 Jake Kuredjian Citizenship Award B. Presentation of Commendation to William Bema for Assisting with a Rescue in Malibu Canyon

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
AMENDED City Council Regular Meeting Agenda Page - 3 - September 9, 2024

3. Consent Calendar
A. Previously Discussed Items

1. Malibu Inn Motel Project Denial
Recommended Action: Pursuant to the City Council’s direction at the May 13, 2024 meeting, review and adopt draft Resolution No. 24-46 granting Appeal No. 23-004 to the Planning Commission’s approval of the Malibu Inn Motel Project (Project); finding the proposed denial exempt under the California Environmental Quality Act (CEQA) and rescinding adoption of Mitigated Negative Declaration (MND) No. 20-003 and Initial Study (IS) No. 20-003; denying Coastal Development Permit No. 09-067 for the construction of a new 7,693 square foot, 20-room motel above a new subterranean parking garage, surface parking lot, rooftop deck with swimming pool, spa and bar area, grading, retaining walls, landscaping, a new onsite wastewater treatment system (OWTS), including Variance (VAR) No. 18-030 for construction on slopes steeper than 3 to 1, VAR No. 18- 031 for a retaining wall that is an integral part of the building in excess of 12 feet in height, VAR No. 20-035 for surface parking within the required front yard setback, and Site Plan Review (SPR) No. 18-025 for a building height in excess of 18 feet, not to exceed 24 feet for a flat roof; denying Conditional Use Permit (CUP) No. 18-002 for a motel in the Commercial Visitor Serving-1 (CV-1) zoning district and sale of alcohol; and disallowing authorization for the Planning Director to submit a Letter of Public Convenience or Necessity for the Sale of Alcohol; for the Project located in the CV-1 zoning district at 22959 Pacific Coast Highway (Surfrider Plaza, LLC).

Staff Contact: Interim Planning Director Tamuri, 456-2489, ext. 346 B. New Items

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

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

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 73380-73526 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. 753 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,667,927.00. City of Malibu payroll check number 5483 and ACH deposits were issued in the amount of $646,655.16.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224 AMENDED City Council Regular Meeting Agenda Page - 4 - September 9, 2024

3. Approval of Minutes
Recommended Action: Approve the minutes for the July 8, 2024 Regular Meeting and July 22, 2024 Regular Meeting.

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

4. Professional Services Agreement with California Skateparks Recommended Action: Authorize the Mayor to execute a sole source Professional Services Agreement with California Skateparks related to repairs of the Temporary Skate Park.

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

5. Approve Amendment to Contract for Special Legal Services with Leech, Tishman, Fuscado & Lampl, Inc. to Provide for Representation of the City related to the Matter of City of Malibu v. Federal Aviation Administration related to Aviation Noise and Impacts Generated from Changes to Los Angeles International Airport Flight Paths Recommended Action: Authorize the City Manager to execute a fourth amendment to the Agreement for Legal Services with Leech, Tishman, Fuscado & Lampl, Inc. for representation of the City related to the matter of Malibu v. Federal Aviation Administration, No. 24-2503.

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

4. Ordinances and Public Hearings
A. Amendment to Malibu Municipal Code Chapter 17.68 (Temporary Use Permits) Recommended Action: 1) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 522, adopting Zoning Text Amendment No. 21-005 amending Malibu Municipal Code Chapter 17.68 to update regulations related to Temporary Use Permits and finding the action exempt from the California Environmental Quality Act; and 2) Direct staff to schedule the second reading and adoption of Ordinance No. 522 for the September 23, 2024 Regular City Council meeting.

Staff Contact: Interim Planning Director Tamuri, 456-2489, ext. 346 B. Proposed Schedule of Fees Fiscal Year 2024-25
Recommended Action: 1) Conduct the Public Hearing; and 2) Adopt Resolution No. 24-25 establishing the Schedule of Fees for Fiscal Year 2024-25.

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

5. Old Business
None.

AMENDED City Council Regular Meeting Agenda Page - 5 - September 9, 2024

6. New Business
None.

7. Council Items
None.

Adjournment
Future Meetings
Monday, September 18, 2024 TBD Special City Council Meeting City Hall Council Chambers Monday, September 23, 2024 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, October 14, 2024 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Guide to the City Council Proceedings
The Oral Communication portion of the agenda is for members of the public to present items, which are not listed on the agenda but are under the subject matter jurisdiction of the City Council. No action may be taken under, except to direct staff, unless the Council, by a two-thirds vote, determines that there is a need to take immediate action and that need came to the attention of the City after the posting of the agenda. Although no action may be taken, the Council and staff will follow up, at an appropriate time, on those items needing response. Each speaker is limited to three (3) minutes.

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

Itemsin Consent Calendar Section Ahave already been considered by theCouncil at a previousmeeting where the public wasinvited to comment, after which a decision was made. These items are notsubject to public discussion at this meeting because the vote taken at the previous meeting was final. Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed.

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

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

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

AMENDED City Council Regular Meeting Agenda Page - 6 - September 9, 2024 Items in New Business are items, which are appearing for the first time for formal action. Public comment shall follow the rules as set forth under Oral Communication.

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

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

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

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

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

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 6
th day of September 2024 at 4:00 p.m.

Christina Muñoz, Deputy City Clerk

Agenda Item # 3.A.1.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Joseph Smith, AICP, Contract Planner
Reviewed by: Maureen Tamuri, AIA, AICP, Interim Planning Director Approved by: Steve McClary, City Manager
Date prepared: August 14, 2024 Meeting date: September 9, 2024 Subject: Malibu Inn Motel Project Denial
RECOMMENDED ACTION: Pursuant to the City Council’s direction at the May 13, 2024 meeting, review and adopt draft Resolution No. 24-26 (Attachment 1) granting Appeal No. 23-004 to the Planning Commission’s approval of the Malibu Inn Motel Project (Project); finding the proposed denial exempt under the California Environmental Quality Act (CEQA) and rescinding adoption of Mitigated Negative Declaration (MND) No. 20-003 and Initial Study (IS) No. 20-003; denying Coastal Development Permit No. 09-067 for the construction of a new 7,693 square foot, 20-room motel above a new subterranean parking garage, surface parking lot, rooftop deck with swimming pool, spa and bar area, grading, retaining walls, landscaping, a new onsite wastewater treatment system (OWTS), including Variance (VAR) No. 18-030 for construction on slopes steeper than 3 to 1, VAR No. 18-031 for a retaining wall that is an integral part of the building in excess of 12 feet in height, VAR No. 20-035 for surface parking within the required front yard setback, and Site Plan Review (SPR) No. 18-025 for a building height in excess of 18 feet, not to exceed 24 feet for a flat roof; denying Conditional Use Permit (CUP) No. 18-002 for a motel in the Commercial Visitor Serving-1 (CV-1) zoning district and sale of alcohol; and not allowing the Planning Director to submit a Letter of Public Convenience or Necessity for the Sale of Alcohol; for the Project located in the CV-1 zoning district at 22959 Pacific Coast Highway (Surfrider Plaza, LLC).

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

STRATEGIC PRIORITY: This item was not included in the Adopted FY 2023-24 Strategic Priority Project List. Staff continue to work on ongoing projects and normal business while the FY 2024-25 Strategic Priority Plan is finalized.

City Council Meeting
09-09-24
Item

3.A.1.

Agenda Item # 3.A.1.

DISCUSSION: On July 17, 2023, the Planning Commission adopted Planning Commission Resolution No. 23-24 adopting IS/MND No. 23-001 and approving the Project. On July 23, 2023, the City received Appeal No. 23-004. The appeal was heard by the City Council on May 13, 2024 where, after reviewing the record and testimony provided, the Council decided to grant the appeal and deny the Project. The Council directed staff to return with a denial resolution reflecting the findings deliberated by the Council. The draft resolution of denial is provided as Attachment 1.

Background material on the appeal and Project are available on the City’s website for the May 13, 2024 City Council meeting under Item 4.B:
https://www.malibucity.org/AgendaCenter/ViewFile/Agenda/_05132024-2282?html=true ENVIRONMENTAL REVIEW: The City has analyzed the proposed project pursuant to the authority and criteria contained in CEQA and finds that, pursuant to CEQA Guidelines Section 15270, CEQA does not apply to projects that a public agency rejects or disapproves. As part of the appeal, the Council considered the IS/MND together with the comments received during the public review process and determined that the analysis contained in IS/MND No. 20-003 is insufficient to decide that the project, as proposed, will not have a significant effect on the environment. As such, the Council determined that IS/MND No. 20-003 is inadequate for the project, as proposed. This determination is based on the following findings, among other reasons: the project proposes a use that is inconsistent with the CV-1 zoning district; the analysis insufficiently analyzed noise impacts on adjacent uses including an assembly use and private school; the analysis insufficiently analyzed traffic impacts on Pacific Coast Highway and Webb Way; and the analysis insufficiently analyzed cumulative impacts associated with potential future growth in the vicinity by the granting of variances for construction on slopes steeper than 3 to 1, retaining wall height in excess of 12 feet, and the construction of surface parking in the required front yard setback..

ALTERNATIVES: If the Council decides to reconsider its findings to grant the appeal and deny the Project, the Council can set the item for a future public hearing.

ATTACHMENT:

1. Resolution No. 24-26 (This attachment will be distributed under separate cover) Attachment 1
This attachment will be distributed under separate cover.

Supplemental
Council Agenda Report
To: Mayor Stewart and Honorable Members of the City Council Prepared by: Joseph Smith, AICP, Contract Planner
Reviewed by: Maureen Tamuri, AIA, AICP, Interim Planning Director Approved by: Steve McClary, City Manager
Date prepared: September 6, 2024 Meeting date: September 9, 2024 Subject: Malibu Inn Motel Project Denial
RECOMMENDED ACTION: Pursuant to the City Council’s direction at the May 13, 2024 meeting, review and adopt draft Resolution No. 24-46 (Attachment 1) granting Appeal No. 23-004 to the Planning Commission’s approval of the Malibu Inn Motel Project (Project); finding the proposed denial exempt under the California Environmental Quality Act (CEQA) and rescinding adoption of Mitigated Negative Declaration (MND) No. 20- 003 and Initial Study (IS) No. 20-003; denying Coastal Development Permit No. 09-067 for the construction of a new 7,693 square foot, 20-room motel above a new subterranean parking garage, surface parking lot, rooftop deck with swimming pool, spa and bar area, grading, retaining walls, landscaping, a new onsite wastewater treatment system (OWTS), including Variance (VAR) No. 18-030 for construction on slopes steeper than 3 to 1, VAR No. 18-031 for a retaining wall that is an integral part of the building in excess of 12 feet in height, VAR No. 20-035 for surface parking within the required front yard setback, and Site Plan Review (SPR) No. 18-025 for a building height in excess of 18 feet, not to exceed 24 feet for a flat roof; denying Conditional Use Permit (CUP) No. 18- 002 for a motel in the Commercial Visitor Serving-1 (CV-1) zoning district and sale of alcohol; and not allowing the Planning Director to submit a Letter of Public Convenience or Necessity for the Sale of Alcohol; for the Project located in the CV-1 zoning district at 22959 Pacific Coast Highway (Surfrider Plaza, LLC).

DISCUSSION: The subject supplemental report includes City Council Resolution No. 24- 46 (Exhibit 1) herein published separately from the item’s Council Agenda Report which was published on Friday, August 30, 2024.

EXHIBIT:

1. City Council Resolution No. 24-46
City Council Meeting
09-09-24
Item

3.A.1.

EXHIBIT 1
RESOLUTION NO. 24-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU, GRANTING APPEAL NO. 23-004, FINDING THE DENIAL EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, RESCINDING THE ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 20-003 AND INITIAL STUDY NO. 20-003, AND DENYING COASTAL DEVELOPMENT PERMIT NO. 09-067 FOR THE CONSTRUCTION OF A NEW 7,693 SQUARE FOOT, 20-ROOM MOTEL ABOVE A NEW SUBTERRANEAN PARKING

GARAGE, SURFACE PARKING LOT, ROOFTOP DECK WITH SWIMMING

POOL, SPA AND BAR AREA, GRADING, RETAINING WALLS,

LANDSCAPING, A NEW ONSITE WASTEWATER TREATMENT SYSTEM,
INCLUDING VARIANCE NO. 18-030 FOR CONSTRUCTION ON SLOPES STEEPER THAN 3 TO 1, VARIANCE NO. 18-031 FOR A RETAINING WALL THAT IS AN INTEGRAL PART OF THE BUILDING IN EXCESS OF 12 FEET IN HEIGHT, VARIANCE NO. 20-035 FOR SURFACE PARKING WITHIN THE REQUIRED FRONT YARD SETBACK, AND SITE PLAN REVIEW NO. 18- 025 FOR A BUILDING HEIGHT IN EXCESS OF 18 FEET, NOT TO EXCEED 24 FEET FOR A FLAT ROOF; DENYING CONDITIONAL USE PERMIT NO. 18-002 FOR A MOTEL IN THE COMMERCIAL VISITOR-SERVING-1
ZONING DISTRICT AND SALE OF ALCOHOL; AND NOT ALLOW THE

PLANNING DIRECTOR TO SUBMIT A LETTER OF PUBLIC

CONVENIENCE OR NECESSITY FOR THE SALE OF ALCOHOL, LOCATED IN THE COMMERCIAL VISITOR SERVING-1 ZONING DISTRICT AT 22959

PACIFIC COAST HIGHWAY (SURFRIDER PLAZA, LLC)
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. On November 4, 2009, an application for Coastal Development Permit (CDP) No. 09-067, was submitted for the Malibu Surfrider Plaza Project (Former Project) consisting of a new commercial plaza providing 7,713 gross square feet of floor area between two buildings and 82 surface and subterranean parking spaces, located at 22959 Pacific Coast Highway (PCH) in the Commercial Visitor Serving-1 (CV-1) zoning district, by Surfrider Plaza, LLC. The application was routed to the City Geotechnical consultant reviewers, City Environmental Health Administrator, City Biologist, City Public Works Department, Los Angeles County Fire Department (LACFD), and Los Angeles County Waterworks District No. 29 (WD29).

B. On November 5, 2009, the Los Angeles Regional Water Quality Control Board (LARWQCB) approved Resolution No. R4-2009-007, banning the use of onsite wastewater treatment systems (OWTS) in the area. On September 21, 2010, the State Water Regional Control Board (SWRCB) approved that same resolution, thereby amending the State Basin Plan. The adopted plan for a specific Prohibition Area includes the Project Site. Since an application for the Project Site was submitted prior to the adoption of Resolution No. R4-2009-007, the application is listed on Table 4-zz as being eligible for a new OWTS.

C. On June 15, 2017, a Notice of Intent to Adopt a Mitigated Negative Declaration (MND) for the Former Project was published in a newspaper of general circulation within the City of Malibu. The 30-day public review period ran from July 19, 2017.

Resolution No 24-46

______________________
D. On June 27, 2017, the Environmental Review Board (ERB) reviewed and considered the Former Project, written reports, Initial Study (IS) No. 16-003/MND No. 17-001 and provided recommendations to the Planning Commission.

E. On June 11, 2018, the Surfrider Plaza, LLC (applicant) submitted revised plans for a new motel instead of the previously submitted commercial retail plaza. The revised project plans were then routed to all applicable City departments and County agencies for review. Conditional Use Permit (CUP) No. 18-002, Variance (VAR) Nos. 18-030, 18-031 and 20-035, Site Plan Review (SPR) No. 18-025, and Joint Use Parking Agreement (JUPA) No. 18-001 were added to the Malibu Inn Motel Project (Project).

F. On June 17, 2020, staff deemed the application complete.

G. On February 19, 2021, a Notice of Intent to Adopt a MND was published in a newspaper of general circulation within the City of Malibu. The 30-day public review period ran from February 19, 2021 to March 22, 2021. The Draft IS/MND No. 20-003 was circulated again for another 30-day review period, directed towards agencies due to a file discrepancy, that began on March 29, 2021 and ended on April 28, 2021.

H. On June 10, 2021, a Notice of Coastal Development Permit Application was posted on the subject property.

I. On June 24, 2021, Planning Department staff conducted a site visit to document site conditions, the property and surrounding area.

J. On August 5, 2021, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject property.

K. On August 26, 2021, a Notice of Adjournment was issued for the August 26, 2021 Special Planning Commission meeting and adjourned to the September 8, 2021 Adjourned Regular meeting to allow staff additional time to gather additional information and for the applicant to install story poles to represent the proposed motel building.

L. On September 8, 2021, the Planning Commission continued the item to the November 1, 2021 Regular Planning Commission meeting.

M. On November 1, 2021, the Planning Commission continued the item to the December 6, 2021, Regular Planning Commission meeting.

N. On December 6, 2021, the Planning Commission continued the item to the January 11, 2022, Special Planning Commission meeting.

O. On January 11, 2022, the Planning Commission continued the item to the April 4, 2022, Regular Planning Commission meeting.

P. On April 4, 2022, the Planning Commission continued the item to a date uncertain.

Resolution No 24-46

______________________
Q. On March 23, 2023, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject property.

R. On April 17, 2023, the Planning Commission continued the item to the May 31, 2023, Special Planning Commission meeting.

S. On May 31, 2023, the Planning Commission held a duly noticed public hearing on the subject application, reviewed and considered the staff report, reviewed and considered written reports, public testimony, and other information in the record. In a 3-2 vote, the Planning Commission directed staff to bring back as a consent item an updated resolution approving the proposed project with revisions to several of the required findings and conditions of approval.

T. On July 17, 2023, the Planning Commission adopted revised Resolution No. 23-24 under the consent calendar.

U. On July 23, 2023, the City received an appeal (Appeal No. 23-004) of the Planning Commission July 17, 2023, decision from the Malibu Township Council (Appellant).

V. On February 29, 2024, a Notice of City Council Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject property.

W. On March 25, 2024, the City Council continued the subject item to the May 13, 2024, Regular City Council meeting.

X. On May 13, 2024, the City Council held a duly noticed public hearing on the subject application, reviewed and considered the staff report, reviewed and considered written reports, public testimony, and other information in the record and directed staff to return with a resolution granting the appeal and denying the project, as proposed, in accordance with the Council’s findings. As part of the Council’s deliberations, a straw poll was conducted wherein the project site was not considered a “coastal bluff” but a “hill” by a majority of the Council.

Y. On September 9, 2024, the City Council reviewed and considered the resolution containing the findings of fact, among other reasons, to grant the appeal, find the denial exempt from the California Environmental Quality Act (CEQA), rescind the IS/MND adoption, deny the project, and not allow the Planning Director to submit of a letter of public convenience or necessity for the sale of alcohol to the State Department of Alcoholic Beverage Control (ABC).

SECTION 2. Appeal of Action.

The appeal filed by the Appellant contends the appeal should be granted and the project application denied based on following alleged issues with the project:

1. Violates zoning

2. Violates coastal bluff provisions

3. Excessive grading and violates related requirements

4. Violates building height restrictions

5. Violates retaining wall height restrictions
Resolution No 24-46

______________________

6. Violates rear yard and bluff setbacks

7. Requires traffic study

8. Violates parking provisions

9. Lack of Environmental Impact Report (EIR) and general CEQA compliance

10. Requires noise study

11. Pool use is not permitted

12. Low-cost accommodations mitigation is not addressed

13. Sale of alcohol is not permitted

14. Conditions do not protect cultural resources

15. Violates wastewater disposal requirements

16. Project is not consistent with the General Plan

17. Findings are not supported for two variances and other discretionary requests

18. Proposed project is not accurately reflected in the conditions of approval

19. Lack of impartial hearing

20. Planning Commission decision is contrary to law
In the May 13, 2024 Council Agenda Report, Planning Department staff analyzed and addressed Appellant's contentions.

SECTION 3. Findings for Granting the Appeal.

Based on evidence contained within the record, including the content of the Council Agenda Reports, Planning Commission Agenda Reports, and the testimony and materials considered by the Planning Commission and the City Council, the City Council hereby makes the following findings of fact, among other reasons, to grant the appeal, find that the denial is exempt from CEQA, rescind the Planning Commission’s adoption of IS/MND No. 20-003, deny CDP No. 09-067, VAR No. 18-030 (construction on slopes), VAR No. 18-031 (retaining wall height), VAR No. 20-035 (parking in front yard setback), SPR No. 18-025 (building height), and CUP No. 18- 002 (motel use and sale of alcohol), and not allow the Planning Director to submit a letter of public convenience or necessity for the sale of alcohol to ABC as described herein.

The Appellant has demonstrated that findings made, in part, in the Planning Commission’s adoption of the IS/MND and decision on the CDP, VARs, SPR, CUP, and authorization for the Planning Director to submit a letter of public convenience or necessity to the ABC for the sale of alcohol are not supported by the totality of the evidence. As further described in Section 4, the Council considered the IS/MND together with the comments received during the public review process and determined that the analysis is insufficient and/or inadequate for the project as proposed. As further described in Section 5, the Council finds that the applicant has not met its burden in demonstrating that special circumstances, exceptional characteristics, and compatibility with neighborhood character exist and/or provided a preponderance of the evidence that supports the findings required for the requested CDP, CUP, and entitlements to grant relief from required development standards in the Malibu Municipal Code (MMC) and Local Coastal Program (LCP) Local Implementation Plan (LIP). As further described in Section 6, the Council is unable to authorize the Planning Director to submit a letter of public convenience or necessity for the sale of alcohol to ABC based on the findings of fact to deny the CUP.

Resolution No 24-46

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SECTION 4. Environmental Review and Rescinding Adoption of IS/MND.

1. The City Council has analyzed the proposed project pursuant to the authority and criteria contained in CEQA. The City Council finds that pursuant to CEQA Guidelines Section 15270, CEQA does not apply to projects that a public agency rejects or disapproves.

2. The City Council considered the IS/MND together with the comments received during the public review process and determined that the analysis contained in IS/MND No. 20- 003 is insufficient to decide that the project, as proposed, will not have a significant effect on the environment. As such, the Council determined that IS/MND No. 20-003 is inadequate for the project, as proposed. This determination is based on the following findings, among other reasons:
the project proposes a use that is inconsistent with the CV-1 zoning district; the analysis insufficiently analyzed noise impacts on adjacent uses including an assembly use and private preschool and youth educational programming/school associated with an assembly use; the analysis insufficiently analyzed traffic impacts on PCH; and the analysis insufficiently analyzed cumulative impacts associated with potential future growth in the vicinity by the granting of variances for construction on slopes steeper than 3 to 1, retaining wall height in excess of 12 feet, and the construction of surface parking in the required front yard setback.

SECTION 5. Findings to Deny the Entitlements.

Based on the evidence contained within the record, including the agenda report for the project, the Council hearing on May 13, 2024, the prior hearings and written correspondence, verbal testimony and written correspondence submitted, the materials in the record, and pursuant to LIP Sections 13.7(B) and 13.9, and MMC Section 17.72.060, the City Council makes the findings of fact below and denies the project as proposed for these reasons and others as described above and below.

The Council’s action includes the denial of CDP No. 09-067 for the construction of a new 7,693 square foot, 20-room motel above a new proposed subterranean parking garage, surface parking lot, rooftop deck with swimming pool, spa and bar area, grading, retaining walls, landscaping, a new OWTS, VAR No. 18-030 construction on slopes steeper than 3 to 1, VAR No. 18-031 for a retaining wall in excess of 12 feet in height, VAR No. 20-035 for construction of surface parking within the required front yard setback, and SPR No. 18-025 for a building height in excess of 18 feet, not to exceed 24 feet for a flat roof, and CUP No. 18-002 for a motel in the CV-1 zoning district and sale of alcohol; and also does not allow the Planning Director to submit a letter of public convenience or necessity for the sale of alcohol to ABC, located in the CV-1 zoning district at 22959 PCH.

The project, as proposed, is not consistent with the applicable LCP and MMC codes, standards, goals, and policies of the General Plan. The findings for denial, among other reasons, are provided in more detail below.

A. General Coastal Development Permit (LIP Chapter 13)

1. The proposed project is located in the CV-1 zoning district and, while the project site is zoned for commercial use including overnight accommodations, the proposed use is considered a hotel as defined in LIP Section 2.1 and not a motel as purported by the applicant.

Pursuant to LIP Section 2.1, a “hotel” is a “facility offering transient lodging accommodations to Resolution No 24-46

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the general public and providing additional services, such as restaurants and meeting rooms.” The project, as proposed, includes 20 guest rooms and suites, 47 subterranean and surface parking spaces (nearly double the minimum required parking for a “motel” use at this site which is 23 to 24 spaces depending on anticipated employees), and accessory/additional uses/services including a prep kitchen and two open/unrestricted restrooms on the main level, ancillary prep kitchen on the upper level, and a 3,139 square foot rooftop deck with a swimming pool/spa, bar, fire pits, elevator access from the main level to the rooftop deck, internal stair access from the upper level to the rooftop deck, and two exterior stair accessways from grade (surface parking area) to the rooftop deck. The rooftop space is designed as a functional event/entertainment space that would have the ability to provide food, beverages, and alcohol service. The event/entertainment space has the ability to result in public visitors being brought to the site despite the applicant’s position that the space would only be used by “motel” guests. The applicant further requested an increase to double the number of temporary events allowed at the site. Per LIP Section 2.1, a “motel” is a “a facility offering transient lodging accommodations to the public in a group of attached or detached buildings containing guest rooms, some or all of which have a separate entrance leading directly from the outside of the building to automobile parking space conveniently located on the lot or parcel of land, does not provide accessory uses such as restaurants or meeting rooms, and not otherwise open to the public.” The Council’s determination is further supported by the orientation of the proposed parking to the building entry and guest rooms, distance from the parking to the guest rooms, the type of parking operations and facility proposed (valet and mechanical stacked parking), and the ability for parking to be rented to the public and/or used by the project for their larger events. While motels are a conditionally permitted use in the CV-1 zoning district, hotels are not. The requested VARs and SPR are not supported by the evidence, the applicant has not met its burden in demonstrating the proposed project is entitled to relief from required development standards in the LIP and MMC due to special circumstances or exceptional characteristics, and/or that a preponderance of the evidence supports the findings required for the requested entitlements. Therefore, CDP Finding A in LIP Section 13.9 cannot be made for the requested CDP as the project does not conform with the LIP.

2. The project proposes a hotel use that is inconsistent with the CV-1 zoning district and also includes a building structure and parking facility that are not consistent with the CV-1 zone standards including building height, construction on slopes, retaining wall height, and parking location. The applicant could propose a motel use that is consistent with the CV-1 zoning district and redesign a project that removes the accessory/additional uses/services associated with a hotel, such as the rooftop deck, swimming pool/spa, bar, and prep kitchen. An alternative design for a motel and/or orientation of the footprint on the parcel could reduce the size, bulk, height, cut/fill and retaining wall profile of the proposed building including the interior/exterior rooftop stair accessways and rooftop elevator, as well as reduce or eliminate the need for relief via variances and/or a SPR from City required development standards. Therefore, CDP Finding C in LIP Section 13.9 cannot be made for the requested CDP as the applicant did not demonstrate that the project, as proposed, is the least environmentally damaging alternative.

B. Variance for Construction on Slopes Steeper than 3 to 1 (MMC Section 17.72.060) The applicant has not met its burden in demonstrating the proposed project is entitled to construction on slopes steeper than 3 to 1 per MMC Sections 17.40.080(A)(6) and 17.72.060 due Resolution No 24-46

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to special circumstances or exceptional characteristics, and/or that a preponderance of the evidence supports the findings required for the requested VAR No. 18-030.

1. Based on the proposed design and orientation of the footprint on the parcel, the applicant has not demonstrated that the proposed 46-foot-tall retaining wall (with a total height of 50 feet above the bottom of the subterranean parking level) is similarly enjoyed by other properties in the vicinity and under the identical zoning classification. Several properties in the vicinity referenced in support were developed pre-Cityhood or under different development standards. Had the applicant demonstrated that the subject property had unique characteristics that met the standard for a variance, the applicant would only be eligible for the minimum relief necessary from the required MMC standards to facilitate reasonable use of the property for practical and possible development consistent with the allowable uses. Variances are intended to be granted in extreme and limited circumstances where compliance with required MMC standards makes impractical or impossible reasonable use of a property in the same manner that other property of like character in the same vicinity and zone. Therefore, VAR Finding A in MMC Section 17.72.060 cannot be made for the requested variance as the project proposes a hotel use that is inconsistent with the CV-1 zoning district and the requested variance facilitates the development of a subterranean structure and tall retaining wall to accommodate the proposed hotel use, and accessory/additional uses/services, such as a rooftop deck, swimming pool/spa, bar, prep kitchen, interior/exterior rooftop stair accessways, and rooftop elevator that increase the size, bulk, and footprint of the proposed structure and orientation of the footprint on the parcel.

2. Based on the proposed footprint of the building and proposed setback from PCH, including the lobby, subterranean garage, and accessory/additional uses/services to accommodate the proposed use, the applicant has not demonstrated that the extent of the encroachment into slopes steeper than 3 to 1 is a privilege enjoyed by other property in the vicinity and under the identical zoning classification. Granting the variance for the project, as proposed, would facilitate a use that is inconsistent with the CV-1 zoning district and the development of a project that has not requested the minimum relief from the required MMC standards to allow for reasonable use of the property for practical and possible development consistent with the allowable uses.

Therefore, VAR Finding C in MMC Section 17.72.060 cannot be made for the requested variance.

3. Construction on slopes steeper than 3 to 1 in the CV-1 zoning district is permissible and, where an applicant meets its burden in demonstrating a proposed project is entitled to construct on slopes steeper than 3 to 1 per MMC 17.40.080(A)(6), a variance for construction on slopes can be consistent with the zoning designation. However, the project proposes a use that is inconsistent with the CV-1 zoning district and the requested variance facilitates the development of accessory/additional uses/services associated with a hotel use that is contrary to and in conflict with the purpose and intent of the CV-1 zone which is to “provide for visitor serving uses, including motels and bed and breakfast inns, which serve visitors and residents which respect the rural character and natural environmental setting” (MMC Section 17.26.010). The CV-1 zone carries forward the Vision and Mission Statement of the General Plan which, in part, states that “Malibu is a unique land and marine environment and residential community whose citizens have historically evidenced a commitment to sacrifice urban and suburban conveniences in order to protect that environment and lifestyle, and to preserve unaltered natural resources and rural characteristics…”. Hotels are a conditionally permitted use in the CV-2 zoning district, not the CV-1 zoning district, would require additional required parking, and would allow for additional services to be developed such as areas used for consumption of food or beverages, public recreation areas, assembly areas and meeting rooms. Compared to motels, hotels require one additional space Resolution No 24-46

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per room and additional parking for areas used for the consumption of food and beverages among other uses. Further, the granting of a variance would facilitate the development of a project that has not requested the minimum relief from the required MMC standards to allow for reasonable use of the property for practical and possible development consistent with the allowable uses.

Further, the granting of a variance has the potential of setting precedent for inconsistency on future uses and development on adjacent lots similarly zoned. Therefore, VAR Finding E in MMC Section 17.72.060 cannot be made for the requested variance.

C. Variance for Retaining Wall in Excess of 12 Feet in Height (LIP Section 13.26) The applicant has not met its burden in demonstrating the proposed project is entitled an increase in the maximum retaining wall height per LIP Sections 8.3(C) and 13.26 due to special circumstances or exceptional characteristics, and/or that a preponderance of the evidence supports the findings required for the requested VAR No. 18-031.

1. Based on the proposed design the applicant has not demonstrated that there are special or exceptional characteristics of the Property such that, absent the proposed 46-foot-tall retaining wall (with a total height of 50 feet above the bottom of the subterranean parking level), the property would be deprived of privileges enjoyed by other properties in the vicinity and under the identical zoning classification. Had the applicant demonstrated that the subject property had unique characteristics that met the standard for a variance, the applicant would only be eligible for the minimum relief necessary from the required LIP standards to facilitate reasonable use of the property for practical and possible development consistent with the allowable uses. Variances are intended to be granted in extreme and limited circumstances where compliance with required LIP standards makes impractical or impossible reasonable use of a property in the same manner that other property of like character in the same vicinity and zone. The applicant could propose a motel use that is consistent with the CV-1 zoning district and redesign a project that removes the accessory/additional uses/services associated with a hotel, such as the rooftop deck, swimming pool/spa, bar, prep kitchen, interior/exterior rooftop stair accessways, and rooftop elevator. An alternative design and/or orientation of the footprint on the parcel could reduce the size, bulk, height, cut/fill and retaining wall profile of the proposed building, as well as reduce or eliminate the need for relief by a variance for retaining wall height. Therefore, VAR Finding A in LIP Section 13.26.5 cannot be made for the requested variance.

2. The proposed retaining wall design is conceptual and as presented, the applicant has not established through a preponderance of the evidence that the standing wall design would not be detrimental or injurious to the property or improvements in the same vicinity and zone, or substantially change in design due to structural stability requirements per the building code. Even in concept, the applicant did not present enough information on the standing wall design to sufficiently demonstrate the potential stability of the wall including the type of reinforcement, wall thickness, and adequacy of the supporting slab foundation. Given the proposed wall height of 46 feet (with a total height of 50 feet above the bottom of the subterranean parking level), which is comprised of subterranean garage space, topped with fill and an exposed wall segment above, VAR Finding B in LIP Section 13.26.5 cannot be made for the requested variance as the proposed design appears to lack a supporting base and other information to sufficiently accommodate structural integrity.

3. Based on the proposed design and profile of the subterranean garage and fill, the applicant has not established through a preponderance of the evidence that the proposed 46-foot- Resolution No 24-46

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tall retaining wall (with a total height of 50 feet above the bottom of the subterranean parking level), which is well above the LIP’s 12-foot height limit, would not be a special privilege.

Sufficient properties in the CV-1 zoning designation were not identified or presented that received relief from City development standards for retaining wall heights of similar height and profile (as the proposed project) regulated by LIP Section 8.3(C). Other properties have been developed in this area on similar lots that did not require such a variance, particular to the extent sought by the applicant. Therefore, VAR Finding C in LIP Section 13.26.5 cannot be made for the requested variance.

4. The project proposes a use that is inconsistent with the CV-1 zoning district and the requested variance facilitates the development of accessory/additional uses/services associated with a hotel use that is contrary to and in conflict with the LCP. The proposed use is considered a hotel as defined in LIP Section 2.1 and not a motel as purported by the applicant. The proposed use includes 20 guest rooms and suites, 47 subterranean and surface parking spaces (nearly double the minimum required for a motel use at this site which is 23 to 24 spaces depending on anticipated employees), and accessory/additional uses/services including a prep kitchen and open/unrestricted restrooms on the main level, ancillary prep kitchen on the upper level, and a 3,139 square foot rooftop deck with a swimming pool/spa, bar, fire pits, elevator access from the main level to the rooftop deck, internal stair access from the upper level to the rooftop deck, and two exterior stair accessways from grade (surface parking area) to the rooftop deck. The rooftop space is designed as a functional event/entertainment space that would have the ability for food, beverage, and alcohol service. The event/entertainment space has the ability to result in public visitors being brought to the site despite the applicant’s position that the space would only be used by “motel” guests. The applicant further requested an increase to double the number of temporary events allowed at the site. While motels are a conditionally permitted use in the CV-1 zoning district, hotels are not. Hotels require additional parking thereby increasing the onsite need for development to accommodate that type of use. Compared to motels, hotels require one additional space per room and additional parking for areas used for the consumption of food and beverages among other uses. Therefore, VAR Finding D in LIP Section 13.26.5 cannot be made for the requested variance.

5. The development of retaining walls in the CV-1 zoning district is permissible and, when an applicant meets its burden in demonstrating a proposed project is entitled an increase in maximum retaining wall height per LIP Section 13.26, a variance for retaining wall height can be consistent with the zoning designation. However, the project proposes a use that is inconsistent with the CV-1 zoning district and the requested variance facilitates the development of accessory/additional uses/services associated with a hotel use that is contrary to and in conflict with the purpose and intent of the CV-1 zone which is to “provide for visitor serving uses, including motels and bed and breakfast inns, which serve visitors and residents that are designed to be consistent with the rural character and natural environmental setting” (LIP Section 3.3(J)(1)).

Hotels are a conditionally permitted use in the CV-2 zoning district, not the CV-1 zoning district, would require additional required parking, and would allow for additional services to be developed such as areas used for consumption of food or beverages, public recreation areas, assembly areas and meeting rooms. Compared to motels, hotels require one additional space per room and additional parking for areas used for the consumption of food and beverages among other uses.

Further, the granting of a variance would facilitate the development of a project that has not requested the minimum relief from the required LIP standards to allow for reasonable use of the property for practical and possible development consistent with the allowable uses. Further, the granting of a variance has the potential of setting precedent for inconsistency on future uses and Resolution No 24-46

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development on adjacent lots similarly zoned. Therefore, VAR Finding G in LIP Section 13.26.5 cannot be made for the requested variance.

6. The project proposes development on a predominant slope and while a retaining wall would be necessary to maintain a horizontal structural setback to the toe of the slope, the proposed design is conceptual. As presented, the applicant has not established through a preponderance of the evidence that the standing wall design would not substantially change in design due to structural stability requirements per the building code. Even in concept, the applicant did not present enough information on the standing wall design to sufficiently demonstrate the potential stability of the wall including the type of reinforcement, wall thickness, and adequacy of the supporting slab foundation. Given the proposed wall height of 46 feet (with a total height of 50 feet above the bottom of the subterranean parking level), which is comprised of subterranean garage space, topped with fill and an exposed wall segment above, VAR Finding H in LIP Section

13.26.5 cannot be made for the requested variance.

D. Variance for Construction for Surface Parking within the Required Front Yard Setback (LIP Section 13.26)
The applicant has not met its burden in demonstrating the proposed project is entitled to the construction of surface parking within the required front yard setback per LIP Sections

3.14.5(A)(2) and 13.26 due to special circumstances or exceptional characteristics, and/or that a preponderance of the evidence supports the findings required for the requested VAR No. 20-035.

1. Based on the proposed design and use as a hotel, an increased parking demand would be required on the site including additional parking for rooms and food and beverage use among other uses. The applicant has not demonstrated that the requested parking location for the use as a hotel and associated scale of development to support the use as a hotel is a privilege enjoyed by other similarly situated property in the vicinity and under the identical zoning classification. The site is a vacant lot and despite being used for many years to facilitate commercial parking for the adjacent Aviator Nation Dreamland retail and restaurant use (former Malibu Inn commercial building), parking has been a legal, non-conforming use on the project site. Therefore, VAR Finding C in LIP Section 13.26.5 cannot be made for the requested variance as the project proposes a use that is inconsistent with the CV-1 zoning district and the requested variance would authorize parking in the front yard setback for a scale of development associated with an inconsistent use in the CV-1 zoning district.

2. The project proposes a use that is inconsistent with the CV-1 zoning district and the requested variance facilitates the development of accessory/additional uses/services associated with a hotel use that is contrary to and in conflict with the LCP. The proposed use is considered a hotel as defined in LIP Section 2.1 and not a motel as purported by the applicant. The proposed use includes 20 guest rooms and suites, 47 subterranean and surface parking spaces (which is nearly double the minimum required for a motel use at this site), and accessory/additional uses/services including a prep kitchen and open/unrestricted restrooms on the main level, ancillary prep kitchen on the upper level, and a 3,139 square foot rooftop deck with a swimming pool/spa, bar, fire pits, elevator access from the main level to the rooftop deck, internal stair access from the upper level to the rooftop deck, and two exterior stair accessways from grade (surface parking area) to the rooftop deck. The rooftop space is designed as a functional event/entertainment space that would have the ability for food, beverage, and alcohol service. The event/entertainment space has the ability to result in public visitors being brought to the site despite the applicant’s position Resolution No 24-46

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that the space would only be used by “motel” guests. The applicant further requested an increase to double the number of temporary events allowed at the site. While motels are a conditionally permitted use in the CV-1 zoning district, hotels are not. Hotels require additional parking thereby increasing the onsite need for development to accommodate that type of use. Compared to motels, hotels require one additional space per room and additional parking for areas used for the consumption of food and beverages among other uses. An alternative design and/or orientation of the footprint on the parcel could reduce parking profile associated with uses consistent with the CV-1 zoning designation, as well as reduce or eliminate the need for relief by a variance for parking in the front yard setback. Therefore, VAR Finding D in LIP Section 13.26.5 cannot be made for the requested variance.

3. Siting parking in the front yard setback in the CV-1 zoning district is permissible and, when an applicant meets its burden in demonstrating a proposed project is entitled locate parking for a conforming CV-1 use per LIP Section 13.26, a variance for parking in this location can be consistent with the zoning designation. However, the project proposes a use that is inconsistent with the CV-1 zoning district and the requested variance facilitates a scale of development and accessory/additional uses/services associated with a hotel use that is contrary to and in conflict with the purpose and intent of the CV-1 zone which is to “provide for visitor serving uses, including motels and bed and breakfast inns, which serve visitors and residents that are designed to be consistent with the rural character and natural environmental setting” (LIP Section

3.3(J)(1)). Hotels are a conditionally permitted use in the CV-2 zoning district, not the CV-1 zoning district, would require additional required parking, and would allow for additional services to be developed such as areas used for consumption of food or beverages, public recreation areas, assembly areas and meeting rooms. Compared to motels, hotels require one additional space per room and additional parking for areas used for the consumption of food and beverages among other uses. Further, the granting of a variance would facilitate the development of a project that has not requested the minimum relief from the required LIP standards to allow for reasonable use of the property for practical and possible development consistent with the allowable uses.

Therefore, VAR Finding G in LIP Section 13.26.5 cannot be made for the requested variance.

E. Site Plan Review for Construction in Excess of 18 Feet in Height (LIP Section 13.27.5) The applicant has not met its burden in demonstrating the proposed project is entitled an increase in maximum building height in excess of 18 feet up to 24 feet for a flat roof per LIP Sections 3.8(A)(1)(b) and 13.27.5(A) due to consistency with the LCP and neighborhood character, and/or that a preponderance of the evidence supports the findings required for the requested SPR No. 18-025.

1. The project proposes a hotel use that is inconsistent with the CV-1 zoning district and also includes a building structure and parking facility that are not consistent with the CV-1 zone standards including building height and construction on slopes. The applicant could propose a motel use that is consistent with the CV-1 zoning district and redesign a project that removes the accessory/additional uses/services associated with a hotel, such as the rooftop deck, swimming pool, spa, bar, prep kitchen, interior/exterior rooftop stair accessways, and rooftop elevator. An alternative design for a motel and/or orientation of the footprint on the parcel could reduce the size, bulk, height, cut/fill and retaining wall profile of the proposed building, as well as reduce or eliminate the need for relief via a SPR from City required development standards. The requested SPR is not supported by the evidence, the applicant has not met its burden in demonstrating the proposed project is entitled to a maximum increase in the LIP’s development standards for height Resolution No 24-46

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associated with an allowable use in the CV-1 zoning district, and/or that a preponderance of the evidence supports the findings required for the requested entitlement. Therefore, SPR Finding 1 in LIP Section 13.27.5(A) cannot be made for the requested site plan review.

2. The project proposes a use that is inconsistent with the CV-1 zoning district and as such, includes accessory/additional uses/services, a subterranean structure, tall retaining wall with secondary retaining wall above, a slope setback between the rear of the building and retaining wall, and a layered design due to slopes and retaining walls that give the appearance of an approximately 50-foot tall, four-story building that is not consistent with the appearance of other buildings in the area and the character of the neighborhood. The applicant could propose a motel use that is consistent with the CV-1 zoning district and redesign a project that removes the accessory/additional uses/services associated with a hotel, such as the rooftop deck, swimming pool/spa, bar, prep kitchen, interior/exterior rooftop stair accessways, and rooftop elevator.

Therefore, SPR Finding 2 in LIP Section 13.27.5(A) cannot be made for the requested site plan review as designed.

F. Conditional Use Permit for New Motel Use and Sale of Alcohol (MMC Section

17.66.080)

1. The proposed project is located in the CV-1 zoning district and, while the project site is zoned for commercial use including overnight accommodations, the proposed use is considered a hotel as defined in MMC 17.02.060 and not a motel as purported by the applicant.

Pursuant to MMC Section 17.02.060, a “hotel” is a “a facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants and meeting rooms.” The project, as proposed, includes 20 guest rooms and suites, 47 subterranean and surface parking spaces (nearly double the minimum required for a motel use at this site which is 23 to 24 spaces depending on anticipated employees), and accessory/additional uses/services including a prep kitchen and open/unrestricted restrooms on the main level, ancillary prep kitchen on the upper level, and a 3,139 square foot rooftop deck with a swimming pool/spa, bar, fire pits, elevator access from the main level to the rooftop deck, internal stair access from the upper level to the rooftop deck, and two exterior stair accessways from grade (surface parking area) to the rooftop deck. The rooftop space is designed as a functional event/entertainment space that would have the ability for food, beverage, and alcohol service. The event/entertainment space has the ability to result in public visitors being brought to the site despite the applicant’s position that the space would only be used by “motel” guests. The applicant further requested an increase to double the number of temporary events allowed at the site. Per MMC Section 17.02.060, a “motel” is a “facility offering transient lodging accommodations to the public in a group of attached or detached buildings containing guest rooms, some or all of which have a separate entrance leading directly from the outside of the building to automobile parking space conveniently located on the lot or parcel of land, does not provide accessory uses such as restaurants or meeting rooms, and not otherwise open to the public.” The Council’s determination is further supported by the orientation of the proposed parking to the building entry and guest rooms, distance from the parking to the guest rooms, the type of parking operations and facility proposed (valet and mechanical stacked parking), and the ability for parking to be rented to the public and/or used by the project for their larger events. While motels are a conditionally permitted use in the CV-1 zoning district, hotels are not. Therefore, CUP Finding A in MMC Section 17.66.080 cannot be made as the request for a conditionally permitted use is not supported by the evidence, the applicant has not met its burden in demonstrating the proposed use is compatible with the MMC, General Resolution No 24-46

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Plan, neighborhood character, and vehicular access and circulation, and/or that a preponderance of the evidence supports the findings required for the requested CUP.

2. The project proposes a use that is inconsistent with the CV-1 zoning district and as such, includes accessory/additional uses/services, a subterranean structure, tall retaining wall with secondary retaining wall above, a slope setback between the rear of the building and retaining wall, and a layered design due to slopes and retaining walls that give the appearance of an approximately 50-foot tall, four-story building that is not consistent with the appearance of other buildings in the area and the character of the neighborhood. While the proposed building is larger than surrounding neighboring buildings, it has the potential of setting precedent for future development on adjacent lots similarly zoned. Therefore, CUP Finding B in MMC Section 17.66.080 cannot be made.

3. Without the approval of three variances and one SPR to relieve the property from City development standards, including construction on slopes, retaining wall height, parking in a front yard setback, and building height, the project site is unable to support the proposed use and project design. Without the variances and SPR, the project site would not have enough parking to accommodate the proposed use and commercial parking accommodations for Aviator Nation Dreamland (former Malibu Inn commercial building) – a retail and restaurant use that shares parking with the project site. The applicant could propose a motel use that is consistent with the CV-1 zoning district and redesign a project that removes the accessory/additional uses/services associated with a hotel, such as the rooftop deck, swimming pool/spa, bar, prep kitchen, interior/exterior rooftop stair accessways, and rooftop elevator. An alternative design for a motel and/or orientation of the footprint on the parcel could reduce the size, bulk, height, cut/fill and retaining wall profile of the proposed building, as well as reduce or eliminate the need for relief via variances and/or a SPR from City required development standards. Therefore, CUP Finding C in MMC Section 17.66.080 cannot be made.

4. The project proposes a rooftop deck event/entertainment area, swimming pool/spa, and bar that the evidence shows is likely to result in adverse noise impacts on an adjacent assembly use and private school use. The project proposes the sale of alcohol adjacent to a private preschool and youth educational programming/school associated with the assembly use. Without the requested VARs, the project site would not have enough parking to accommodate commercial parking accommodations for Aviator Nation Dreamland (former Malibu Inn commercial building) – a retail and restaurant use that shares parking with the project site. Therefore, CUP Finding D in MMC Section 17.66.080 cannot be made.

5. The project proposes a use that is conditionally permitted in the CV-2 zoning district and inconsistent with the subject CV-1 zoning district where the project site is located.

Therefore, CUP Finding E in MMC Section 17.66.080 cannot be made for the requested CUP as the project would not be compatible with existing and future land uses in the CV-1 zone.

6. As proposed, the project has limited vehicular access and circulation in/out of the site and could result in traffic safety concerns as the site would only be able to accommodate a right-turn (westbound) from the site onto PCH wherein drivers would have to travel to the nearest controlled intersection that permits a U-turn (identified by the project’s traffic study to be within 100 feet of the project site at the Malibu Pier) where drivers would need to leave the site and make an entry into U-turn lane near the center of PCH. The project’s traffic study cites to the City’s PCH Safety Study that found the most common type of collisions along this segment of PCH are rearend collisions associated with excessive vehicle speed and sudden stops made for mid-block Resolution No 24-46

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pedestrian crossings or vehicles making left- or U-turns. Left turns (eastbound) from the project site onto PCH are proposed to be prohibited (and traffic was studied based on this) but the project does not include any improvements to PCH, such as a median barrier, to prevent a left turn from the site onto PCH (eastbound) or from PCH (eastbound) into the site. Therefore, CUP Finding G in MMC Section 17.66.080 cannot be made due to limited vehicular access and circulation in/out of the site for the proposed use with accessory/additional uses/services, traffic safety with drivers existing the property and using the U-turn, and no improvements being proposed to PCH to prevent a left turn from the site onto PCH (eastbound) or into the site from PCH (eastbound).

7. The proposed building would be larger than surrounding neighboring buildings and, as designed to accommodate the proposed hotel use, appears out of character with development in the vicinity. As proposed, the project is contrary to and in conflict with the Vision and Mission Statement of the General Plan which, in part, states that “Malibu is a unique land and marine environment and residential community whose citizens have historically evidenced a commitment to sacrifice urban and suburban conveniences in order to protect that environment and lifestyle, and to preserve unaltered natural resources and rural characteristics…”.

SECTION 6. Determination Not Allowing a Letter of Public Convenience or Necessity to be Submitted
According to ABC, a letter of public convenience or necessity may be required for the overconcentration of licenses. Based on the findings of fact denying CUP No. 18-002, including

4. CUP Finding D in Section 5, the City Council finds that the proposed use is inconsistent with the CV-1 zoning district and has the potential to be detrimental to the public health, safety, or general welfare including due to the sale of alcohol adjacent to a private preschool and youth educational programming/school associated with an assembly use. The Council does not allow the Planning Director to prepare and submit a letter of public convenience or necessity for the proposed use to ABC.

SECTION 7. City Council Actions.

1. Based on the foregoing findings and evidence contained within the record, the City Council hereby rescinds the adoption of IS/MND No. 20-003, denies CDP No. 09-067, VAR Nos. 18-030, 18-031, and 20-035, SPR No. 18-025, and CUP No. 18-002, and does not allow the Planning Director to submit a letter of public convenience or necessity for the sale of alcohol to ABC.

2. The City Council also directs that, should any project be proposed at the subject site (22959 Pacific Coast Highway) in the future, at minimum a Phase 1 Archaeological Investigation shall be prepared and submitted to the City as part of the development application review process.

Resolution No 24-46

______________________
SECTION 8. The City Clerk shall certify the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 9th day of September 2024. __________________________________________
DOUG STEWART, Mayor
ATTEST:

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

__________________________________
TREVOR RUSIN, Interim City Attorney
WARRANT REGISTER NO. 753
On September 9, 2024, the Malibu City Council allowed and approved warrant demand numbers 73380-73526 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 $2,667,927.00. City of Malibu payroll check number 5483 and ACH deposits were issued in the amount of $646,655.16.

PASSED, APPROVED and ADOPTED this 9th day of September 2024. ____________________________________________
Doug Stewart
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 $3,314,582.16 have been audited as to their accuracy; and (2) sufficient funds have been appropriated by the City Council and are available for the payment thereof.

EXECUTED this 29th day of August 2024, AT MALIBU, CALIFORNIA ______________________________________________
Steve McClary
City Manager
City Council Meeting
9-9-24
Item

3.B.2.

Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Accounts Payable
User:

Printed:
sflores
8/28/2024 9:38 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 73380 KIMLEY KIMLEY-HORN AND ASSOCIATES INC 08/13/2024 0.00 28,615.70 73381 USBANK U.S. Bank 08/15/2024 0.00 74,017.92
73382 CAJPIA CALIFORNIA JPIA 08/22/2024 0.00 1,644,850.00 73383 CALPERS4 CALPERS 08/22/2024 0.00 487,231.00
73384 SAFETPRO ETC BUILDING & DESIGN INC 08/22/2024 0.00 2,000.00 73385 SPRING SPRINGBROOK HOLDING COMPANY LLC08/22/2024 0.00 60.00 73386 TOWNSPUB TOWNSEND PUBLIC AFFAIRS INC 08/22/2024 0.00 6,500.00 73387 13STARS 13 STARS MEDIA 08/22/2024 0.00 536.00
73388 AKBMAX MAX AKBAR 08/22/2024 0.00 30.00
73389 ALPJOE JOEL ALPERS 08/22/2024 0.00 250.00
73390 ARTTREK ART TREK, INC 08/22/2024 0.00 175.00
73391 CALLMC MARY CATHERINE CALLAGHAN 08/22/2024 0.00 105.00 73392 COOPERM MARSHA COOPER 08/22/2024 0.00 650.00
73393 DANESHJ JACKLINE DANESHRAD 08/22/2024 0.00 250.00 73394 EKMBRA BRAYDEN EKMAN 08/22/2024 0.00 14.76
73395 ESCPETE PETER ESCOBAR 08/22/2024 0.00 150.00
73396 FERCANOL LAURA DEMIERI FERCANO 08/22/2024 0.00 340.00 73397 GORLIA LIAT GORODENZIK 08/22/2024 0.00 50.00
73398 GRIGHEL HELEN GRIGOROVICH 08/22/2024 0.00 410.00
73399 GULDELI ELIZABETH GULDIMANN 08/22/2024 0.00 14.00 73400 HARTSEL BOB HARTS ELECTRIC INC. 08/22/2024 0.00 393.04 73401 KIDMOV MOVIES BY KIDS - O.C. 08/22/2024 0.00 4,147.50 73402 LAMANN ANN LAMB 08/22/2024 0.00 60.00
73403 LAWSONS SKYLAR J LAWSON 08/22/2024 0.00 9,996.00
73404 LEVC CHERYL LEV 08/22/2024 0.00 924.00
73405 LEVOLG OLGA LEVENTIS 08/22/2024 0.00 100.00
73406 LOPEZDEL DELMI LOPEZ 08/22/2024 0.00 30.00
73407 MANMIC MICHAEL ANTHONY MANFREDO 08/22/2024 0.00 360.00 73408 MARANT ANTHONY MARISCO 08/22/2024 0.00 250.00
73409 MERRICKJ JUDY MERRICK 08/22/2024 0.00 200.00
73410 MINDRYLL THE MINDRY LLC 08/22/2024 0.00 300.00
73411 MONAHAN ANN MONAHAN 08/22/2024 0.00 240.00
73412 ONEELY ELYSIAN ONE INC. 08/22/2024 0.00 3,132.50
73413 ROCKET ROCKETOLOGY LLC 08/22/2024 0.00 3,150.00
73414 ROSENSHE SHEILA ROSENTHAL 08/22/2024 0.00 360.00
73415 ROUNDSTA ROUND STAR WEST LLC 08/22/2024 0.00 5,565.00 73416 SMASH SMASH ATHLETICS INC 08/22/2024 0.00 697.80
73417 SPIROG SEBASTIAN SPIROGLOU 08/22/2024 0.00 48.24
73418 SZAMAT MATTHEW SZABLA 08/22/2024 0.00 75.04
73419 TOTALGRA BRIAN SHORE 08/22/2024 0.00 678.86
73420 TRAIGOAT TRAIN GOAT GAINZ LLC 08/22/2024 0.00 350.00 73421 VANPHIL PHILLIP VANZALE 08/22/2024 0.00 250.00
73422 WANNOV NOVA WANG 08/22/2024 0.00 250.00
73423 13STARS 13 STARS MEDIA 08/22/2024 0.00 978.42
73424 AAAPROP AAA Propane Services, Inc. 08/22/2024 0.00 493.15 73425 ACCOUNTE OFFICE TEAM A ROBERT HALF COMPANY08/22/2024 0.00 4,032.00 73426 ADVANTAN MAP COMMUNICATIONS INC I 08/22/2024 0.00 291.91 AP Checks by Date - Summary by Check Number (8/28/2024 9:38 AM) Page 1 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Check No Vendor No Vendor Name Check Date Void Checks Check Amount 73427 APELJ Jennifer Apel 08/22/2024 0.00 315.00
73428 APPLE AppleOne 08/22/2024 0.00 3,033.70
73429 ARC ARC Document Solutions LLC 08/22/2024 0.00 249.80 73430 BAKHAN Hani Baker 08/22/2024 0.00 12.06
73431 BEARCON Bear Contractors, Inc. 08/22/2024 0.00 850.00 73432 BERJON Jonathan Berk 08/22/2024 0.00 220.00
73433 Brooks Raneika Brooks 08/22/2024 0.00 20.64
73434 CALLMC MARY CATHERINE CALLAGHAN 08/22/2024 0.00 157.50 73435 CHAMPCAM Trevor Elder 08/22/2024 0.00 2,310.00
73436 CONEJOA Conejo Awards 08/22/2024 0.00 523.38
73437 CWCDRY Paul, Joseph Croteau 08/22/2024 0.00 3,543.00 73438 DAVLOREN Loren Davis 08/22/2024 0.00 156.78
73439 DEJJAN Janelle DeJohn 08/22/2024 0.00 400.00
73440 DIPAOLAM Mark DiPaola 08/22/2024 0.00 396.00
73441 ELIALE Alexandra Elizondo 08/22/2024 0.00 21.80
73442 ELYJR Ely Jr Pumping Inc 08/22/2024 0.00 560.00
73443 EPSSAR Sara Epstein 08/22/2024 0.00 410.00
73444 FASTDEER Fast Deer Bus Charter Inc. 08/22/2024 0.00 1,811.25 73445 FRONTIER FRONTIER CALIFORNIA INC 08/22/2024 0.00 148.48 73446 GIINDUS GI INDUSTRIES 08/22/2024 0.00 67.79
73447 HDSUPPLY HD Supply Inc 08/22/2024 0.00 2,315.62
73448 HOLCAR Carol Holt 08/22/2024 0.00 250.00
73449 KALSAN Sanjiv Kalra 08/22/2024 0.00 250.00
73450 KIRJOR Jordan Kirk 08/22/2024 0.00 100.00
73451 LACOCLE LA County Registrar-Recorder LA Co Clerk 08/22/2024 0.00 75.00 73452 LACOCLE LA County Registrar-Recorder LA Co Clerk 08/22/2024 0.00 75.00 73453 LACOCLE LA County Registrar-Recorder LA Co Clerk 08/22/2024 0.00 75.00 73454 LACOCLE LA County Registrar-Recorder LA Co Clerk 08/22/2024 0.00 75.00 73455 LACOCLE LA County Registrar-Recorder LA Co Clerk 08/22/2024 0.00 75.00 73456 LACOCLE LA County Registrar-Recorder LA Co Clerk 08/22/2024 0.00 75.00 73457 LACOCLE LA County Registrar-Recorder LA Co Clerk 08/22/2024 0.00 75.00 73458 LACOCLE LA County Registrar-Recorder LA Co Clerk 08/22/2024 0.00 75.00 73459 LACOCLE LA County Registrar-Recorder LA Co Clerk 08/22/2024 0.00 75.00 73460 LACOCLE LA County Registrar-Recorder LA Co Clerk 08/22/2024 0.00 75.00 73461 LACOCLE LA County Registrar-Recorder LA Co Clerk 08/22/2024 0.00 75.00 73462 LACOCLE LA County Registrar-Recorder LA Co Clerk 08/22/2024 0.00 75.00 73463 LACOCLE LA County Registrar-Recorder LA Co Clerk 08/22/2024 0.00 75.00 73464 LAUTZEN Lautzenhiser's Stationery, Inc 08/22/2024 0.00 1,124.88 73465 LAWSONS SKYLAR J LAWSON 08/22/2024 0.00 14,112.00 73466 LEMMOR Richard Lemmo 08/22/2024 0.00 2,520.00
73467 LIVESCAN Paige S Apar 08/22/2024 0.00 715.00
73468 MAINSTRE Athaco Inc. 08/22/2024 0.00 44.63
73469 MALAQUA Malibu Aquatics Foundation 08/22/2024 0.00 2,586.50 73470 MALIBUFI MALIBU FILM SOCIETY 08/22/2024 0.00 1,000.00 73471 MALIGLA Malibu Glass and Mirror, Inc 08/22/2024 0.00 55.00 73472 MANMIC MICHAEL ANTHONY MANFREDO 08/22/2024 0.00 250.00 73473 MINDRYLL THE MINDRY LLC 08/22/2024 0.00 300.00
73474 MISTROB Wink Roberts 08/22/2024 0.00 1,070.23
73475 MMARLINS Malibu Marlins Swim Club 08/22/2024 0.00 4,176.20 73476 MOSSER Mosser Plumbing & Heating Inc 08/22/2024 0.00 854.00 73477 NAICKERV VASUDEVAN NAICKER 08/22/2024 0.00 525.00 73478 NATIONA National Construction Rentals, Inc 08/22/2024 0.00 941.00 73479 PLANETIZ Planetizen 08/22/2024 0.00 279.00
73480 RAIANU Anushka Rai 08/22/2024 0.00 50.00
73481 REDMER Meredith Redding 08/22/2024 0.00 100.00
73482 REMOTESA Remote Satellite Systems Int'l 08/22/2024 0.00 255.80 73483 RIGAMAN Amanda Rigali 08/22/2024 0.00 51.18
AP Checks by Date - Summary by Check Number (8/28/2024 9:38 AM) Page 2 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Check No Vendor No Vendor Name Check Date Void Checks Check Amount 73484 ROUNDSTA ROUND STAR WEST LLC 08/22/2024 0.00 4,872.00 73485 SCEDISO Southern California Edison Company 08/22/2024 0.00 37,705.56 73486 SEBJESS Jessica Sebastian 08/22/2024 0.00 200.00
73487 SMITHPI Smith Pipe & Supply Inc 08/22/2024 0.00 151.77 73488 STANDARD Standard Insurance Company N2 08/22/2024 0.00 3,625.12 73489 STAPLES Staples Contract & Commercial LLC 08/22/2024 0.00 1,323.61 73490 SWANK Swank Motion Pictures, Inc. 08/22/2024 VOID 490.00 0.00 73491 TELCLA Claudia Tellier 08/22/2024 0.00 100.00
73492 TOMSTA Stancy Tomlinson 08/22/2024 0.00 120.00
73493 TOTALGRA BRIAN SHORE 08/22/2024 0.00 293.58
73494 TRAIGOAT TRAIN GOAT GAINZ LLC 08/22/2024 0.00 840.00 73495 USPOSTOF United States Postal Services 08/22/2024 0.00 1,796.99 73496 ACCOUNTE OFFICE TEAM A ROBERT HALF COMPANY08/22/2024 0.00 1,344.00 73497 ANAWALT ANWALT LUMBER CO INC 08/22/2024 0.00 15.99 73498 BBK BEST BEST & KRIEGER LLP 08/22/2024 0.00 104,619.60 73499 BLACKPOI BLACKPOINTE GROUP CONSTRUCTION & MANAGEMENT INC 08/22/2024 0.00 10,283.75 73500 BURNS BURNS PACIFIC CONSTRUCTION INC 08/22/2024 0.00 1,292.54 73501 GIINDUS GI INDUSTRIES 08/22/2024 0.00 3,739.62
73502 JONJES JESSICA JONES 08/22/2024 0.00 30.00
73503 KIMLEY KIMLEY-HORN AND ASSOCIATES INC 08/22/2024 0.00 12,990.82 73504 KIRKCART LATANYA KIRKCARTER 08/22/2024 0.00 4,950.00 73505 KONICA KONICA MINOLTA BUSINESS SOLUTIONS USA INC 08/22/2024 0.00 16,125.00 73506 LACOAGRI LA CO AGRICULTURAL COMMISSIONER08/22/2024 0.00 54,865.43 73507 LACOSHE LA CO SHERIFF'S DEPARTMENT 08/22/2024 0.00 564.54 73508 LACOWAT LA CO MALIBU TREASURER-WATERWORKS 08/22/2024 0.00 7,253.55 73509 MATRIX MATRIX CONSULTING GROUP LTD 08/22/2024 0.00 2,550.00 73510 MNS MNS ENGINEERS INC 08/22/2024 0.00 8,347.50
73511 NV5INC NV5 INC 08/22/2024 0.00 2,527.74
73512 PACMOBIL PACIFIC MOBILE STRUCTURES INC 08/22/2024 0.00 11,397.39 73513 PARSARS PUBLIC AGENCY RETIREMENT SVCS 08/22/2024 0.00 300.00 73514 PROSHOP PROMO SHOP INC 08/22/2024 0.00 862.70
73515 RAPHAELL LEE RAPHAEL 08/22/2024 0.00 230.00
73516 SDIPRES SDI PRESENCE LLC 08/22/2024 0.00 5,231.46 73517 SICKSH KSHAMICA SICARD 08/22/2024 0.00 100.00
73518 TOTALGRA BRIAN SHORE 08/22/2024 0.00 158.78
73519 AETNA Health and Human Resource Center Inc 08/27/2024 0.00 123.71 73520 BlueShie Blue Shield of California 08/27/2024 0.00 1,530.48 73521 DELTADE Delta Dental of California 08/27/2024 0.00 8,819.43 73522 ICMA457 ICMA-MissionSquare Retirement - 303615 08/27/2024 0.00 19,390.92 73523 ICMACM ICMA-MissionSquare Retirement - 108658 08/27/2024 0.00 600.00 73524 ICMADH ICMA-MissionSquare Retirement - 108650 08/27/2024 0.00 875.00 73525 STANDARD Standard Insurance Company N2 08/27/2024 0.00 355.28 73526 USBANK2 U.S. Bank 08/27/2024 0.00 1,712.08
Report Total (147 checks): 490.00 2,667,927.00
AP Checks by Date - Summary by Check Number (8/28/2024 9:38 AM) Page 3 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D User:

Printed: 08/28/2024 - 9:38AM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Checks from: 00073380 To: 00073526
Account Number Description Vendor Description Check No Amount Section 1: 100
Section 2:0000
100-0000-2021-00 COBRA Payable Blue Shield of California PR 15.08.2024 Vision Care-Cobra-Ortiz-Bradley-Sep'24 7350 27.83 100-0000-2021-00 COBRA Payable Blue Shield of California PR 15.08.2024 Vision Care-Cobra-Quinto-May-Aug'24 73520 -37.80 100-0000-2021-00 COBRA Payable Blue Shield of California PR 15.08.2024 Vision Care-Cobra-Johnson-Sep'24 73520 9.45 100-0000-2021-00 COBRA Payable Blue Shield of California PR 15.08.2024 Vision Care-Cobra-Woodrow-Sep'24 73520 16.88 100-0000-2021-00 COBRA Payable Blue Shield of California PR 15.08.2024 Vision Care-Cobra-Baker-Sep'24 73520 9.45 100-0000-2021-00 COBRA Payable Blue Shield of California PR 15.08.2024 Vision Care-Cobra-Mollica-Sep'24 73520 27.83 100-0000-2021-00 COBRA Payable Blue Shield of California PR 15.08.2024 Vision Care-Cobra-Fernandez-Sep'24 73520 27.83 100-0000-2021-00 COBRA Payable Blue Shield of California PR 15.08.2024 Vision Care-Cobra-Castellanos-Sep'24 73520 9.45 Vendor Subtotal for Section 2:0000 90.92
Section 2:0000
100-0000-2021-00 COBRA Payable Delta Dental of California PR 15.08.2024 Dental Insurance-Cobra-Castellanos-Sep'24 73521 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 15.08.2024 Dental Insurance-Cobra-Fernandez-Sep'24 73521 157.75 100-0000-2021-00 COBRA Payable Delta Dental of California PR 15.08.2024 Dental Insurance-Cobra-Ortiz-Bradley-Sep'24 73521 157.75 100-0000-2021-00 COBRA Payable Delta Dental of California PR 15.08.2024 Dental Insurance-Cobra-Woodrow-Sep'24 73521 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 15.08.2024 Dental Insurance-Cobra-Baker-Sep'24 73521 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 15.08.2024 Dental Insurance-Cobra-Linden-Sep'24 73521 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 15.08.2024 Dental Insurance-Cobra-Johnson-Sep'24 73521 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 15.08.2024 Dental Insurance-Cobra-Quinto-May-Aug'24 73521 -200.24 100-0000-2021-00 COBRA Payable Delta Dental of California PR 15.08.2024 Dental Insurance-Cobra-Mollica-Sep'24 73521 157.75 Vendor Subtotal for Section 2:0000 523.31
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee MAX AKBAR Ref - Swim Lessons 8/8/24 73388 30.00 Vendor Subtotal for Section 2:0000 30.00
AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 1 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Section 2:0000
100-0000-3466-00 Swim Use & Program Fee JESSICA JONES Ref - Starfish Swim Cancelled 8/8/24 73502 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee ANN LAMB Ref - Swim Lessons 8/8/24 73402 60.00 Vendor Subtotal for Section 2:0000 60.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee DELMI LOPEZ Ref - Swim Lessons 8/8/24 73406 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Jennifer Apel Ref - Surf Week 5 - 2021 73427 315.00 Vendor Subtotal for Section 2:0000 315.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Sara Epstein Ref - Surf Camp 7/22 - 7/25/24 73443 410.00 Vendor Subtotal for Section 2:0000 410.00
Section 2:0000
100-0000-3467-00 Day Camp Fees HELEN GRIGOROVICH Ref - Surf Camp 8/12 - 8/15/24 73398 410.00 Vendor Subtotal for Section 2:0000 410.00
Section 2:0000
100-0000-3467-00 Day Camp Fees LEE RAPHAEL Ref - Soccer Camp 8/12 - 8/15/24 73515 230.00 Vendor Subtotal for Section 2:0000 230.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Jessica Sebastian Ref - Prehistoric Earth Camp 73486 200.00 Vendor Subtotal for Section 2:0000 200.00
AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 2 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Section 2:0000
100-0000-3470-00 Community Classes Jonathan Berk Ref - Parent & Me Basketball 73432 100.00 100-0000-3470-00 Community Classes Jonathan Berk Ref - Mini Dodgers T-Ball 73432 120.00 Vendor Subtotal for Section 2:0000 220.00
Section 2:0000
100-0000-3470-00 Community Classes OLGA LEVENTIS Ref - Parent & Me Basketball 8/5 - 8/8/24 73405 100.00 Vendor Subtotal for Section 2:0000 100.00
Section 2:0000
100-0000-3470-00 Community Classes Meredith Redding Ref - Dinosaur Exploration Class 73481 100.00 Vendor Subtotal for Section 2:0000 100.00
Section 2:0000
100-0000-3470-00 Community Classes KSHAMICA SICARD Ref - Parent & Me Basketball Cancelled 73517 100.00 Vendor Subtotal for Section 2:0000 100.00
Section 2:0000
100-0000-3470-00 Community Classes Claudia Tellier Ref - Dinosaur Exploration Class 73491 100.00 Vendor Subtotal for Section 2:0000 100.00
Section 2:0000
100-0000-3470-00 Community Classes Stancy Tomlinson Ref - Mini Dodgers T-Ball 73492 120.00 Vendor Subtotal for Section 2:0000 120.00
Section 2:3001
100-3001-5722-00 Electricity Southern California Edison Company Cross Creek Rd Ped - Jun '24 73485 14.51 100-3001-5722-00 Electricity Southern California Edison Company Broad Beach - Jun '24 73485 15.44 100-3001-5722-00 Electricity Southern California Edison Company Winter Cyn - Jun '24 73485 90.98 100-3001-5722-00 Electricity Southern California Edison Company Webb Way Signal - Jun '24 73485 181.09 100-3001-5722-00 Electricity Southern California Edison Company Rambla Light - Jun '24 73485 30.90 100-3001-5722-00 Electricity Southern California Edison Company Traffic Control - Jun '24 73485 120.22 100-3001-5722-00 Electricity Southern California Edison Company St Lighting - Jun '24 73485 3,185.57 Vendor Subtotal for Section 2:3001 3,638.71
AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 3 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Section 2:3001
100-3001-5725-00 Trash Pickup/Recycling GI INDUSTRIES Garbage - Bus Stop/Cross Creek - Jun '24 73501 2,521.31 Vendor Subtotal for Section 2:3001 2,521.31
Section 2:3007
100-3007-5722-00 Electricity Southern California Edison Company CCSTF - Jun '24 73485 677.57 Vendor Subtotal for Section 2:3007 677.57
Section 2:3007
100-3007-5723-00 Water LA CO MALIBU TREASURER-WATERWORKS Water - CCSTF 5/7 - 7/8/24 Acct#29152991 73508 477.46 Vendor Subtotal for Section 2:3007 477.46
Section 2:3008
100-3008-5100-00 Professional Services U.S. Bank CS-7693-Linen Dry Cleaning 73381 168.19 Vendor Subtotal for Section 2:3008 168.19
Section 2:3008
100-3008-5100-00 Professional Services United States Postal Services USPS Bulk Mail - Community Lands Mailers 73495 1,796.99 Vendor Subtotal for Section 2:3008 1,796.99
Section 2:3008
100-3008-6160-00 Operating Supplies U.S. Bank PW-9462-Amazon Storage Cabinet 73381 254.08 Vendor Subtotal for Section 2:3008 254.08
Section 2:4001
100-4001-5107-00 Contract Personnel PETER ESCOBAR CineMalibu - Karate Activity 8/17/24 73395 150.00 Vendor Subtotal for Section 2:4001 150.00
AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 4 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Section 2:4001
100-4001-5300-00 Travel and Training U.S. Bank CS-2169-Virtual Conference 73381 305.00 Vendor Subtotal for Section 2:4001 305.00
Section 2:4001
100-4001-5330-00 Dues & Memberships U.S. Bank CS-4743-Sr Excursion Tix-Autry Museum 73381 88.00 100-4001-5330-00 Dues & Memberships U.S. Bank CS-7118-CPRS Annual Renewal 73381 165.00 100-4001-5330-00 Dues & Memberships U.S. Bank CS-4743-CPRS Renewal 73381 165.00 Vendor Subtotal for Section 2:4001 418.00
Section 2:4001
100-4001-5401-00 Advertising & Noticing BRIAN SHORE Banners - Recreation Guide Fall '24 73419 274.85 Vendor Subtotal for Section 2:4001 274.85
Section 2:4001
100-4001-6120-00 Computer Software U.S. Bank CS-7118-Lintree Monthly Membership 73381 9.00 100-4001-6120-00 Computer Software U.S. Bank CS-6305-Revel Digital Monthly Sub. 73381 24.95 100-4001-6120-00 Computer Software U.S. Bank CS-4743-Online Membership 73381 124.95 100-4001-6120-00 Computer Software U.S. Bank CS-2169-Monthly Subscriptions 73381 1,671.33 Vendor Subtotal for Section 2:4001 1,830.23
Section 2:4001
100-4001-6160-00 Operating Supplies Conejo Awards General Rec Name Plates 73436 59.58 Vendor Subtotal for Section 2:4001 59.58
Section 2:4001
100-4001-6160-00 Operating Supplies PROMO SHOP INC P&R Mo Tote Bags 73514 862.70 Vendor Subtotal for Section 2:4001 862.70
Section 2:4001
100-4001-6160-00 Operating Supplies U.S. Bank CS-6305-Amazon Supplies 73381 164.33 100-4001-6160-00 Operating Supplies U.S. Bank AS-2163-Blue Dog Inkjet Paper 73381 125.97 AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 5 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount 100-4001-6160-00 Operating Supplies U.S. Bank CS-7118-Recreation Supplies 73381 62.23 100-4001-6160-00 Operating Supplies U.S. Bank CS-7693-Staff Appreciation Gifts Etsy 73381 461.70 Vendor Subtotal for Section 2:4001 814.23
Section 2:4001
100-4001-7800-00 Other Equipment PACIFIC MOBILE STRUCTURES INC Final 10% Pool Office Trailer - Acct#100618 73512 11,397.37 100-4001-7800-00 Other Equipment PACIFIC MOBILE STRUCTURES INC Final 10% Pool Office Trailer - Acct#100618 73512 0.02 Vendor Subtotal for Section 2:4001 11,397.39
Section 2:4002
100-4002-5107-00 Contract Personnel BOB HARTS ELECTRIC INC. Malibu HS - Dark Sky Compliant Fixtures 73400 393.04 Vendor Subtotal for Section 2:4002 393.04
Section 2:4002
100-4002-5107-00 Contract Personnel Malibu Aquatics Foundation Swim Team & Masters Swim Program 7/16 - 8/18/24 73469 2,586.50 Vendor Subtotal for Section 2:4002 2,586.50
Section 2:4002
100-4002-5107-00 Contract Personnel Malibu Marlins Swim Club Marlins Swim Team 7/16 - 8/18/24 73475 4,176.20 Vendor Subtotal for Section 2:4002 4,176.20
Section 2:4002
100-4002-5340-00 Transportation & Mileage Loren Davis Reimb - CH/Malibu HS Roundtrip 7/2 - 8/2/24 73438 156.78 Vendor Subtotal for Section 2:4002 156.78
Section 2:4002
100-4002-5340-00 Transportation & Mileage MATTHEW SZABLA Mileage - Malibu Highschool 7/26 - 8/4/24 73418 75.04 Vendor Subtotal for Section 2:4002 75.04
Section 2:4002
100-4002-6160-00 Operating Supplies SMASH ATHLETICS INC Aquatics Staff Uniform 73416 697.80 AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 6 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4002 697.80
Section 2:4002
100-4002-6160-00 Operating Supplies BRIAN SHORE Signs - Pool Office & Rules 73419 164.73 Vendor Subtotal for Section 2:4002 164.73
Section 2:4002
100-4002-6160-00 Operating Supplies U.S. Bank CS-7118-Aquatics Supplies 73381 2,899.92 Vendor Subtotal for Section 2:4002 2,899.92
Section 2:4003
100-4003-5721-00 Telephone U.S. Bank CS-1673-Satellite Phone Service 73381 72.79 Vendor Subtotal for Section 2:4003 72.79
Section 2:4003
100-4003-6160-00 Operating Supplies Athaco Inc. Legacy Park - Chronolog Signs 73468 44.63 Vendor Subtotal for Section 2:4003 44.63
Section 2:4003
100-4003-6160-00 Operating Supplies U.S. Bank CS-1673-Laser Pointer 73381 94.90 Vendor Subtotal for Section 2:4003 94.90
Section 2:4004
100-4004-5107-00 Contract Personnel MOVIES BY KIDS - O.C. Instructor - Movies by Kids Camp 8/12 - 8/15/24 73401 4,147.50 Vendor Subtotal for Section 2:4004 4,147.50
Section 2:4004
100-4004-5107-00 Contract Personnel SKYLAR J LAWSON Instructor - Aspects Surf Academy 8/12 - 8/15/24 73403 5,586.00 100-4004-5107-00 Contract Personnel SKYLAR J LAWSON Instructor - Aspects Surf Academy 8/5 - 8/8/24 73403 4,410.00 100-4004-5107-00 Contract Personnel SKYLAR J LAWSON Instructor - Surf Academy 7/22 - 7/25/24 73465 4,116.00 100-4004-5107-00 Contract Personnel SKYLAR J LAWSON Instructor - Surf Academy 7/15 - 7/18/24 73465 4,704.00 100-4004-5107-00 Contract Personnel SKYLAR J LAWSON Instructor - Surf Academy 7/29 - 8/1/24 73465 5,292.00 AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 7 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4004 24,108.00
Section 2:4004
100-4004-5107-00 Contract Personnel Richard Lemmo Instructor - Improv Acting Camp 7/29 - 8/1/24 73466 980.00 100-4004-5107-00 Contract Personnel Richard Lemmo Instructor - Basketball Camp 7/15 - 7/18/24 73466 840.00 100-4004-5107-00 Contract Personnel Richard Lemmo Instructor - Basketball Camp 7/22 - 7/25/24 73466 700.00 Vendor Subtotal for Section 2:4004 2,520.00
Section 2:4004
100-4004-5107-00 Contract Personnel ELYSIAN ONE INC. Instructor - Dodgers Baseball Camp 8/5 - 8/8/24 73412 2,796.50 Vendor Subtotal for Section 2:4004 2,796.50
Section 2:4004
100-4004-5107-00 Contract Personnel ROCKETOLOGY LLC Instructor - Amusement Parks Engineering 8/5 - 8/8/24 73413 3,150.00 Vendor Subtotal for Section 2:4004 3,150.00
Section 2:4004
100-4004-5107-00 Contract Personnel ROUND STAR WEST LLC Instructor - Pickleball Camp 8/5 - 8/8/24 73415 1,008.00 100-4004-5107-00 Contract Personnel ROUND STAR WEST LLC Instructor - Tennis Camp 7/15 - 7/18/24 73484 2,520.00 100-4004-5107-00 Contract Personnel ROUND STAR WEST LLC Instructor - Pickleball Camp 7/22 - 7/25/24 73484 672.00 100-4004-5107-00 Contract Personnel ROUND STAR WEST LLC Instructor - Tennis Camp 7/29 - 8/1/24 73484 1,680.00 Vendor Subtotal for Section 2:4004 5,880.00
Section 2:4004
100-4004-5107-00 Contract Personnel TRAIN GOAT GAINZ LLC Instructor - Volleyball Camp 7/29 - 8/1/24 73494 840.00 Vendor Subtotal for Section 2:4004 840.00
Section 2:4004
100-4004-6160-00 Operating Supplies U.S. Bank CS-4743-Operating Supplies 73381 510.94 100-4004-6160-00 Operating Supplies U.S. Bank CS-7693-Pickleball Net 73381 528.00 100-4004-6160-00 Operating Supplies U.S. Bank CS-4743-NCSI Background Checks 73381 37.00 Vendor Subtotal for Section 2:4004 1,075.94
Section 2:4005
AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 8 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount 100-4005-5107-00 Contract Personnel Trevor Elder Instructor - Skate Camp 7/29 - 8/1/24 73435 1,260.00 100-4005-5107-00 Contract Personnel Trevor Elder Instructor - Skate Camp 7/22 - 7/25/24 73435 1,050.00 Vendor Subtotal for Section 2:4005 2,310.00
Section 2:4005
100-4005-5401-00 Advertising & Noticing BRIAN SHORE Signs - Skate Park Operating Hrs. 73419 239.28 Vendor Subtotal for Section 2:4005 239.28
Section 2:4006
100-4006-6160-00 Operating Supplies U.S. Bank CS-7118-Sports Supplies 73381 332.76 100-4006-6160-00 Operating Supplies U.S. Bank CS-7693-Pickleball Net 73381 528.00 Vendor Subtotal for Section 2:4006 860.76
Section 2:4007
100-4007-5107-00 Contract Personnel MARY CATHERINE CALLAGHAN Instructor - Ballroom Dance Workshop 8/12/24 73391 105.00 100-4007-5107-00 Contract Personnel MARY CATHERINE CALLAGHAN Instructor - Salsa Dance Workshop 7/15/24 73434 157.50 Vendor Subtotal for Section 2:4007 262.50
Section 2:4007
100-4007-5107-00 Contract Personnel CHERYL LEV Instructor - Music Together 6/26 - 8/14/24 73404 924.00 Vendor Subtotal for Section 2:4007 924.00
Section 2:4007
100-4007-5107-00 Contract Personnel MICHAEL ANTHONY MANFREDO Instructor - Photography Workshop 7/24/24 73472 250.00 Vendor Subtotal for Section 2:4007 250.00
Section 2:4007
100-4007-5107-00 Contract Personnel THE MINDRY LLC Instructor - Meditation Workshop 8/15/24 73410 300.00 100-4007-5107-00 Contract Personnel THE MINDRY LLC Instructor - Restorative Soundbath Workshop 7/16/24 73473 300.00 Vendor Subtotal for Section 2:4007 600.00
Section 2:4007
AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 9 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount 100-4007-5107-00 Contract Personnel ELYSIAN ONE INC. Instructor - Mini Dodgers T-Ball 8/5 - 8/8/24 73412 336.00 Vendor Subtotal for Section 2:4007 336.00
Section 2:4007
100-4007-5107-00 Contract Personnel ROUND STAR WEST LLC Instructor - Youth Soccer Ages 4-5, 6/16 - 8/18/24 73415 542.50 100-4007-5107-00 Contract Personnel ROUND STAR WEST LLC Instructor - Soccer Camp 8/12 - 8/15/24 73415 1,722.00 100-4007-5107-00 Contract Personnel ROUND STAR WEST LLC Instructor - Parent & Me Soccer 8/12 - 8/15/24 73415 700.00 100-4007-5107-00 Contract Personnel ROUND STAR WEST LLC Instructor - Youth Soccer Ages 5-7, 6/16/24 73415 17.50 100-4007-5107-00 Contract Personnel ROUND STAR WEST LLC Instructor - Youth Soccer Ages 2-3, 6/16 - 8/18/24 73415 630.00 100-4007-5107-00 Contract Personnel ROUND STAR WEST LLC Instructor - Youth Soccer Ages 3-4, 6/16 - 8/18/24 73415 945.00 Vendor Subtotal for Section 2:4007 4,557.00
Section 2:4007
100-4007-5107-00 Contract Personnel TRAIN GOAT GAINZ LLC Instructor - Mermaid Terrariums Workshop 8/17/24 73420 350.00 Vendor Subtotal for Section 2:4007 350.00
Section 2:4007
100-4007-5340-00 Transportation & Mileage SEBASTIAN SPIROGLOU Mileage - Jul '24 73417 48.24 Vendor Subtotal for Section 2:4007 48.24
Section 2:4007
100-4007-6160-00 Operating Supplies U.S. Bank CS-7693-ParkTales 9/12/24 73381 106.92 Vendor Subtotal for Section 2:4007 106.92
Section 2:4008
100-4008-5107-00 Contract Personnel ART TREK, INC Instructor - Art Trek Workshop - Jul '24 73390 175.00 Vendor Subtotal for Section 2:4008 175.00
Section 2:4008
100-4008-5107-00 Contract Personnel MARSHA COOPER Instructor - Stretch & Strength - Jul '24 73392 650.00 Vendor Subtotal for Section 2:4008 650.00
AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 10 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Section 2:4008
100-4008-5107-00 Contract Personnel JACKLINE DANESHRAD Instructor - Cardio Salsa - Jul '24 73393 250.00 Vendor Subtotal for Section 2:4008 250.00
Section 2:4008
100-4008-5107-00 Contract Personnel Janelle DeJohn Sr Center Luncheon Entertainment 8/29/24 73439 400.00 Vendor Subtotal for Section 2:4008 400.00
Section 2:4008
100-4008-5107-00 Contract Personnel LAURA DEMIERI FERCANO Instructor - Choir - Jul '24 73396 340.00 Vendor Subtotal for Section 2:4008 340.00
Section 2:4008
100-4008-5107-00 Contract Personnel LIAT GORODENZIK Instructor - Yin Yoga - Jul '24 73397 50.00 Vendor Subtotal for Section 2:4008 50.00
Section 2:4008
100-4008-5107-00 Contract Personnel MICHAEL ANTHONY MANFREDO Instructor - Yoga - Jul '24 73407 360.00 Vendor Subtotal for Section 2:4008 360.00
Section 2:4008
100-4008-5107-00 Contract Personnel JUDY MERRICK Instructor - Relax Through Coloring - Jul '24 73409 200.00 Vendor Subtotal for Section 2:4008 200.00
Section 2:4008
100-4008-5107-00 Contract Personnel ANN MONAHAN Instructor - Pilates, Ballet, Jazz - July '24 73411 240.00 Vendor Subtotal for Section 2:4008 240.00
Section 2:4008
100-4008-5107-00 Contract Personnel SHEILA ROSENTHAL Instructor - Knitting - Jul '24 73414 360.00 Vendor Subtotal for Section 2:4008 360.00
Section 2:4008
AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 11 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount 100-4008-5330-00 Dues & Memberships U.S. Bank CS-7693-Motion Picture Annual Membership 73381 443.43 Vendor Subtotal for Section 2:4008 443.43
Section 2:4008
100-4008-6160-00 Operating Supplies BRAYDEN EKMAN Reimb - Sr. Excursion Lunch 8/6/24 73394 14.76 Vendor Subtotal for Section 2:4008 14.76
Section 2:4008
100-4008-6160-00 Operating Supplies Alexandra Elizondo Reimb - Senior Excursion Lunch 73441 21.80 Vendor Subtotal for Section 2:4008 21.80
Section 2:4008
100-4008-6160-00 Operating Supplies ELIZABETH GULDIMANN Reimb - Sr. Excursion Lunch 8/6/24 73399 14.00 Vendor Subtotal for Section 2:4008 14.00
Section 2:4008
100-4008-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Senior Ctr 73489 248.95 Vendor Subtotal for Section 2:4008 248.95
Section 2:4008
100-4008-6160-00 Operating Supplies U.S. Bank CS-7693-Supplies Senior Luncheon 73381 1,508.11 100-4008-6160-00 Operating Supplies U.S. Bank CS-6305-Dry Cleaning 73381 298.75 Vendor Subtotal for Section 2:4008 1,806.86
Section 2:4010
100-4010-5127-00 Weed Abatement Program LA CO AGRICULTURAL COMMISSIONERWeed Abatement - City Parks - 4/1 - 6/30/24 73506 23,439.94 Vendor Subtotal for Section 2:4010 23,439.94
Section 2:4010
100-4010-5130-00 Parks Maintenance BURNS PACIFIC CONSTRUCTION INC Bluffs Park - Collision Debris - May '24 73500 1,292.54 Vendor Subtotal for Section 2:4010 1,292.54
AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 12 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Section 2:4010
100-4010-5610-00 Facility Maintenance Mosser Plumbing & Heating Inc Trancas - Monthly Septic Maint 7/15/24 73476 275.00 100-4010-5610-00 Facility Maintenance Mosser Plumbing & Heating Inc Las Flores - Monthly Septic Maint 7/22/24 73476 120.00 100-4010-5610-00 Facility Maintenance Mosser Plumbing & Heating Inc Las Flores - UV Light Replacement 7/22/24 73476 459.00 Vendor Subtotal for Section 2:4010 854.00
Section 2:4010
100-4010-5710-00 Facilities Lease/Rental National Construction Rentals, Inc Bluffs Park Portable Toilets 6/27 - 7/24/24 73478 941.00 Vendor Subtotal for Section 2:4010 941.00
Section 2:4010
100-4010-5710-00 Facilities Lease/Rental U.S. Bank CS-4743-Holiday Restroom Rental 73381 891.00 Vendor Subtotal for Section 2:4010 891.00
Section 2:4010
100-4010-5722-00 Electricity Southern California Edison Company Bluffs Park Lift Station - Jun '24 73485 117.10 100-4010-5722-00 Electricity Southern California Edison Company PCH Median - Jun '24 73485 16.52 100-4010-5722-00 Electricity Southern California Edison Company Charmlee Park - Jul '24 73485 173.89 100-4010-5722-00 Electricity Southern California Edison Company Community Services - Jun '24 73485 1,228.11 100-4010-5722-00 Electricity Southern California Edison Company Rambla Pacifico - Jun '24 73485 16.42 Vendor Subtotal for Section 2:4010 1,552.04
Section 2:4010
100-4010-5723-00 Water LA CO MALIBU TREASURER-WATERWORKS Water - Broad Beach Irrrigation 5/20 - 7/18/24 Acct#29652752 73508 190.98 100-4010-5723-00 Water LA CO MALIBU TREASURER-WATERWORKS Water - Broad Beach Scenic Signs 5/20 - 7/18/24 Acct#29159504 73508 95.49 100-4010-5723-00 Water LA CO MALIBU TREASURER-WATERWORKS Water - Equestrian Park 5/14 - 7/15/24 Acct#29156963 73508 477.46 100-4010-5723-00 Water LA CO MALIBU TREASURER-WATERWORKS Water - Charmlee Park 5/16 - 7/17/24 Acct#29158670 73508 1,255.08 100-4010-5723-00 Water LA CO MALIBU TREASURER-WATERWORKS Water - Equestrian Park Fireline 5/14 - 7/15/24 Acct#29156414 73508 658.90 100-4010-5723-00 Water LA CO MALIBU TREASURER-WATERWORKS Water - Trancas Irrigation 5/16 - 7/17/24 Acct#29648084 73508 3,485.09 100-4010-5723-00 Water LA CO MALIBU TREASURER-WATERWORKS Water - Bluffs Park 5/23 - 7/24/24 Acct#29162657 73508 613.09 Vendor Subtotal for Section 2:4010 6,776.09
AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 13 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Section 2:4010
100-4010-5725-00 Trash Pickup/Recycling GI INDUSTRIES Garbage - Bluffs/Equestrian - Jun '24 73501 1,218.31 Vendor Subtotal for Section 2:4010 1,218.31
Section 2:4010
100-4010-6160-00 Operating Supplies ANWALT LUMBER CO INC CS - Service Charge 73497 1.54 100-4010-6160-00 Operating Supplies ANWALT LUMBER CO INC CS - Paint Roller 73497 14.45 Vendor Subtotal for Section 2:4010 15.99
Section 2:4010
100-4010-6160-00 Operating Supplies HD Supply Inc Charmlee Park - Restroom Supplies 73447 122.08 100-4010-6160-00 Operating Supplies HD Supply Inc Bluffs Park/MLC - Restroom Supplies 73447 1,832.48 100-4010-6160-00 Operating Supplies HD Supply Inc Trancas Park - Restroom Supplies 73447 214.08 100-4010-6160-00 Operating Supplies HD Supply Inc Las Flores Park- Restroom Supplies 73447 146.98 Vendor Subtotal for Section 2:4010 2,315.62
Section 2:4010
100-4010-6160-00 Operating Supplies Smith Pipe & Supply Inc Citywide - Maintenance Supplies 73487 151.77 Vendor Subtotal for Section 2:4010 151.77
Section 2:4010
100-4010-6160-00 Operating Supplies U.S. Bank CS-2481-Fuel Cans for Maintenance 73381 67.53 100-4010-6160-00 Operating Supplies U.S. Bank CS-1673-Equestrian Park Supplies 73381 403.86 Vendor Subtotal for Section 2:4010 471.39
Section 2:4011
100-4011-5107-00 Contract Personnel U.S. Bank CS-4743-Halloween BuBash Deposit 73381 591.80 100-4011-5107-00 Contract Personnel U.S. Bank CS-4743-SQ Upland Pure Imagination 73381 586.07 Vendor Subtotal for Section 2:4011 1,177.87
Section 2:4011
100-4011-5401-00 Advertising & Noticing BRIAN SHORE Banners - CineMalibu 73493 131.99 AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 14 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4011 131.99
Section 2:4011
100-4011-6160-00 Operating Supplies U.S. Bank CS-7693-Amazon Supplies 73381 126.47 Vendor Subtotal for Section 2:4011 126.47
Section 2:4012
100-4012-5107-00 Contract Personnel JOEL ALPERS Musician - Derek Schimming Retrospective 9/14/24 73389 250.00 Vendor Subtotal for Section 2:4012 250.00
Section 2:4012
100-4012-5107-00 Contract Personnel ANTHONY MARISCO Musician - Derek Schimming Retrospective 9/14/24 73408 250.00 Vendor Subtotal for Section 2:4012 250.00
Section 2:4012
100-4012-5401-00 Advertising & Noticing 13 STARS MEDIA Ad - Summer Jubilations Poetry 8/8/24 73387 268.00 Vendor Subtotal for Section 2:4012 268.00
Section 2:4012
100-4012-6160-00 Operating Supplies Amanda Rigali Reimb - Noah's Bagels Arts Commission 73483 51.18 Vendor Subtotal for Section 2:4012 51.18
Section 2:4012
100-4012-6160-00 Operating Supplies BRIAN SHORE Labels - Community Surf Exhibition 73493 161.59 Vendor Subtotal for Section 2:4012 161.59
Section 2:4012
100-4012-6160-00 Operating Supplies U.S. Bank CS-4743-Malibu Arts Supplies 73381 483.70 100-4012-6160-00 Operating Supplies U.S. Bank CS-7693-Art Exhibit Linen Rental 73381 190.91 Vendor Subtotal for Section 2:4012 674.61
AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 15 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Section 2:7001
100-7001-5100-00 Professional Services LATANYA KIRKCARTER School District Separation May - Jun '24 73504 4,950.00 Vendor Subtotal for Section 2:7001 4,950.00
Section 2:7001
100-7001-6160-00 Operating Supplies U.S. Bank CM-5259-Closed Session Dinner 7/8/24 73381 222.15 Vendor Subtotal for Section 2:7001 222.15
Section 2:7002
100-7002-5100-00 Professional Services MAP COMMUNICATIONS INC I Live Phone Answering Svc - Aug '24 73426 291.91 Vendor Subtotal for Section 2:7002 291.91
Section 2:7002
100-7002-5401-00 Advertising & Noticing U.S. Bank AS-0074-Ads for City of Malibu 73381 197.10 100-7002-5401-00 Advertising & Noticing U.S. Bank AS-0074-Linktree Subscription 73381 90.00 Vendor Subtotal for Section 2:7002 287.10
Section 2:7002
100-7002-6160-00 Operating Supplies U.S. Bank AS-0074-Amazon Clock for Meeting 73381 92.14 100-7002-6160-00 Operating Supplies U.S. Bank AS-0074-Amazon Fraud Charge 73381 25.25 Vendor Subtotal for Section 2:7002 117.39
Section 2:7002
100-7002-6170-00 Events U.S. Bank AS-0074-Choose to Cruise Malibu Event Supplies 73381 107.78 Vendor Subtotal for Section 2:7002 107.78
Section 2:7002
100-7002-7800-00 Other Equipment U.S. Bank AS-0074-Lectern for Confrences 73381 339.00 AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 16 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7002 339.00
Section 2:7003
100-7003-5105-00 Grant Consultant TOWNSEND PUBLIC AFFAIRS INC Reissue Ck#71789 Grant Writing Svcs - Feb '24 73386 6,500.00 Vendor Subtotal for Section 2:7003 6,500.00
Section 2:7003
100-7003-5300-00 Travel and Training U.S. Bank CM-5601-Sacramennto Advocacy 73381 2,364.61 100-7003-5300-00 Travel and Training U.S. Bank CM-5601-Sacramennto Advocacy 73381 178.07 Vendor Subtotal for Section 2:7003 2,542.68
Section 2:7003
100-7003-6160-00 Operating Supplies U.S. Bank CM-5601-Operating Supplies 73381 92.28 Vendor Subtotal for Section 2:7003 92.28
Section 2:7005
100-7005-5101-00 General Legal Counsel BEST BEST & KRIEGER LLP General Legal Counsel - Jun '24 73498 28,645.00 Vendor Subtotal for Section 2:7005 28,645.00
Section 2:7005
100-7005-5101-01 School District Separation BEST BEST & KRIEGER LLP School District Separation - Jun '24 73498 25,486.51 Vendor Subtotal for Section 2:7005 25,486.51
Section 2:7005
100-7005-5102-00 Litigation BEST BEST & KRIEGER LLP Litigation Svcs - Jun '24 73498 50,488.09 Vendor Subtotal for Section 2:7005 50,488.09
Section 2:7007
AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 17 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount 100-7007-5100-00 Professional Services U.S. Bank CC-2343-Dropbox 73381 54.00 Vendor Subtotal for Section 2:7007 54.00
Section 2:7007
100-7007-5300-00 Travel and Training U.S. Bank CC-2343-Municipal Institute Meals 73381 23.92 100-7007-5300-00 Travel and Training U.S. Bank CC-2343-Parliamentary Procedure Course 73381 425.00 100-7007-5300-00 Travel and Training U.S. Bank CC-2343-Municipal Institute Hotel 73381 1,227.55 Vendor Subtotal for Section 2:7007 1,676.47
Section 2:7007
100-7007-5330-00 Dues & Memberships U.S. Bank CC-1018-CCAC Membership-Munoz 73381 250.00 Vendor Subtotal for Section 2:7007 250.00
Section 2:7007
100-7007-5401-00 Advertising & Noticing 13 STARS MEDIA Legal Notice - Public Hearing 7/18/24 73423 52.02 Vendor Subtotal for Section 2:7007 52.02
Section 2:7021
100-7021-5100-00 Professional Services U.S. Bank PS-4095-Emergency Mgmt Accredidation Program 73381 900.00 100-7021-5100-00 Professional Services U.S. Bank PS-4095-Veribook Fee - Jun '24 73381 25.15 100-7021-5100-00 Professional Services U.S. Bank PS-4095-Veribook Fee - May '24 73381 25.15 100-7021-5100-00 Professional Services U.S. Bank PS-4213-Restroom for Impound Yard 73381 338.30 Vendor Subtotal for Section 2:7021 1,288.60
Section 2:7021
100-7021-5116-00 Law Enforcement Services LA CO SHERIFF'S DEPARTMENT Sheriff's Svcs - Beach Team 6/30/24 73507 564.54 Vendor Subtotal for Section 2:7021 564.54
Section 2:7021
100-7021-5640-00 Equipment Maintenance Southern California Edison Company Tier - Jun '24 73485 164.30 AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 18 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7021 164.30
Section 2:7021
100-7021-5721-00 Telephone Remote Satellite Systems Int'l Satellite Phones - Sep '24 73482 255.80 Vendor Subtotal for Section 2:7021 255.80
Section 2:7021
100-7021-5721-00 Telephone U.S. Bank PS-4175-Telephone 73381 500.00 Vendor Subtotal for Section 2:7021 500.00
Section 2:7021
100-7021-6160-00 Operating Supplies ETC BUILDING & DESIGN INC Safety Fair - Earthq Simulator Deposit 9/15/24 73384 2,000.00 Vendor Subtotal for Section 2:7021 2,000.00
Section 2:7021
100-7021-6160-00 Operating Supplies U.S. Bank PS-9005-CERT Team/Safety Fair Event Supplies 73381 1,409.54 100-7021-6160-00 Operating Supplies U.S. Bank PS-3820-Fire Safety Supplies 73381 793.50 100-7021-6160-00 Operating Supplies U.S. Bank PS-4175-Supplies 73381 190.98 Vendor Subtotal for Section 2:7021 2,394.02
Section 2:7054
100-7054-5100-00 Professional Services MATRIX CONSULTING GROUP LTD Fee Study - Jun '24 73509 2,550.00 Vendor Subtotal for Section 2:7054 2,550.00
Section 2:7054
100-7054-5100-00 Professional Services SPRINGBROOK HOLDING COMPANY LLCSpringbrook PM - Module Training 73385 60.00 Vendor Subtotal for Section 2:7054 60.00
Section 2:7054
100-7054-5330-00 Dues & Memberships U.S. Bank AS-0702-FY24/25 MMASC Membership 73381 125.00 100-7054-5330-00 Dues & Memberships U.S. Bank AS-5448-FY24/25 CCMF Membership 73381 400.00 AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 19 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7054 525.00
Section 2:7054
100-7054-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Finance 73489 32.71 Vendor Subtotal for Section 2:7054 32.71
Section 2:7054
100-7054-6160-00 Operating Supplies U.S. Bank AS-2163-Amazon Desk Supplies 73381 177.37 Vendor Subtotal for Section 2:7054 177.37
Section 2:7058
100-7058-5320-00 Recruitment Expense Paige S Apar Fingerprinting - New Employees (13) 73467 715.00 Vendor Subtotal for Section 2:7058 715.00
Section 2:7058
100-7058-5320-00 Recruitment Expense U.S. Bank HR-1110-Recruitment NEOGOV Recognition 73381 68.20 Vendor Subtotal for Section 2:7058 68.20
Section 2:7058
100-7058-6170-00 Events U.S. Bank AS-2163-Staff Appreciation Event-Beach Picnic 73381 35.37 100-7058-6170-00 Events U.S. Bank AS-2163-Staff Appreciation Event-Beach Picnic 73381 564.05 100-7058-6170-00 Events U.S. Bank AS-2163-Staff Appreciation Event-Beach Picnic 73381 230.26 Vendor Subtotal for Section 2:7058 829.68
Section 2:7059
100-7059-4217-00 Other Post Employment Benefits CALPERS FY 24/25 GASB 75 - CalPERS OPEB Trust Contibutions 73383 487,231.00 Vendor Subtotal for Section 2:7059 487,231.00
Section 2:7059
100-7059-5210-00 Service Fees & Charges PUBLIC AGENCY RETIREMENT SVCS PARS Admin Fee - Jun '24 73513 300.00 AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 20 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7059 300.00
Section 2:7059
100-7059-5510-00 Insurance Premiums CALIFORNIA JPIA All Risk Property Insurance 7/1/24 - 7/1/25 - Non-Dept 73382 85,710.00 100-7059-5510-00 Insurance Premiums CALIFORNIA JPIA FY 24/25 Liability & Worker's Comp Insurance 73382 929,194.00 100-7059-5510-00 Insurance Premiums CALIFORNIA JPIA FY24/25 Pollution Liability Insurance 73382 5,263.00 Vendor Subtotal for Section 2:7059 1,020,167.00
Section 2:7059
100-7059-5721-00 Telephone FRONTIER CALIFORNIA INC Bluffs Park - Public Wifi 7/17 - 8/16/24 73445 148.48 Vendor Subtotal for Section 2:7059 148.48
Section 2:7059
100-7059-6160-00 Operating Supplies Conejo Awards City Staff Name Badges 73436 412.80 100-7059-6160-00 Operating Supplies Conejo Awards General Rec Name Badges 73436 51.00 Vendor Subtotal for Section 2:7059 463.80
Section 2:7059
100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Toner 73489 219.38 100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Ergonomic Supplies 73489 45.13 100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Non Departmental 73489 204.24 100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Toner 73489 445.15 Vendor Subtotal for Section 2:7059 913.90
Subtotal for Section 1: 100 1,787,478.47
Section 1: 101
Section 2:0000
101-0000-3418-00 OWTS Operating Permit Fees Ely Jr Pumping Inc Ref - Operating Permit Fee 73442 560.00 Vendor Subtotal for Section 2:0000 560.00
AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 21 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Section 2:0000
101-0000-3421-00 Planning Review Fees Mark DiPaola Ref - Application Withdrawn PVD 24-019 73440 396.00 Vendor Subtotal for Section 2:0000 396.00
Section 2:2001
101-2001-5107-00 Contract Personnel OFFICE TEAM A ROBERT HALF COMPANYTemp Staff - A. Brown 6/21/24 73496 1,344.00 101-2001-5107-00 Contract Personnel OFFICE TEAM A ROBERT HALF COMPANYTemp Staff - A. Brown 8/2/24 73425 2,240.00 101-2001-5107-00 Contract Personnel OFFICE TEAM A ROBERT HALF COMPANYTemp Staff - A. Brown 7/26/24 73425 1,792.00 Vendor Subtotal for Section 2:2001 5,376.00
Section 2:2001
101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 27712 Pacific Coast Hwy - APR 24-041 73451 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 5520 Horizon Dr - DMW 24-006 73452 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 29158 Grayfox St - APR 23-057 73453 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 21609 Pacific Coast Hwy - APR 24-003 73454 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - Citywide - Ordinance 517 73455 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 3900 Cross Creek Rd, 3 - CUP 23-009 73456 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 29738 Cuthbert Rd - CDPWF 23-004 73457 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 23465 Civic Center, 750/760 - CUP 24-007 73458 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 28820 Cliffside Dr - CDP 21-031 73459 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 5909 Trancas Canyon Rd - APRWF 21-060 73460 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - Citywide - Ordinance 517 73461 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 3919 Villa Costera - APR 21-050 73462 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 5936 Busch Dr - APRWF 23-009 73463 75.00 Vendor Subtotal for Section 2:2001 975.00
Section 2:2001
101-2001-5300-00 Travel and Training Hani Baker Mileage - Site Visit 7/18/24 73430 12.06 Vendor Subtotal for Section 2:2001 12.06
Section 2:2001
101-2001-5300-00 Travel and Training Planetizen Planning Commissioner Training 73479 279.00 AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 22 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2001 279.00
Section 2:2001
101-2001-5300-00 Travel and Training U.S. Bank AS-0702-Planning Dept AICP Exam Prep Fees 73381 1,794.00 Vendor Subtotal for Section 2:2001 1,794.00
Section 2:2001
101-2001-5330-00 Dues & Memberships U.S. Bank PL-5265-Planetizen RPF Contract 73381 99.95 101-2001-5330-00 Dues & Memberships U.S. Bank PL-5265-Zoom Subscription 73381 16.71 101-2001-5330-00 Dues & Memberships U.S. Bank PL-5265-American Planning Association Fees 73381 1,266.00 Vendor Subtotal for Section 2:2001 1,382.66
Section 2:2001
101-2001-5340-00 Transportation & Mileage Raneika Brooks Mileage - Site Inspection 7/26 & 7/30/24 73433 20.64 Vendor Subtotal for Section 2:2001 20.64
Section 2:2001
101-2001-6160-00 Operating Supplies ARC Document Solutions LLC Planning - Operating Supplies 73429 125.50 101-2001-6160-00 Operating Supplies ARC Document Solutions LLC Planning Commission Nameplates 73429 124.30 Vendor Subtotal for Section 2:2001 249.80
Section 2:2001
101-2001-6160-00 Operating Supplies Lautzenhiser's Stationery, Inc Planning Operating Supplies 73464 1,124.88 Vendor Subtotal for Section 2:2001 1,124.88
Section 2:2004
101-2004-5100-00 Professional Services KONICA MINOLTA BUSINESS SOLUTIONS USA INC ECM 25 Hour Block 73505 6,250.00 Vendor Subtotal for Section 2:2004 6,250.00
Section 2:2004
AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 23 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount 101-2004-5107-00 Contract Personnel AppleOne Temp Staff - J. Bellonby 7/20/24 73428 1,512.10 101-2004-5107-00 Contract Personnel AppleOne Temp Staff - J. Bellonby 7/27/24 73428 1,521.60 Vendor Subtotal for Section 2:2004 3,033.70
Section 2:2004
101-2004-5300-00 Travel and Training U.S. Bank BS-7736-NDPA 855 Energy Systems Training 73381 180.00 Vendor Subtotal for Section 2:2004 180.00
Section 2:2004
101-2004-5330-00 Dues & Memberships U.S. Bank ESD-7736-SurveyMonkey Membership 73381 441.60 Vendor Subtotal for Section 2:2004 441.60
Section 2:2004
101-2004-5401-00 Advertising & Noticing 13 STARS MEDIA Ad - CVA Survey 7/25/24 73423 268.00 101-2004-5401-00 Advertising & Noticing 13 STARS MEDIA Ad - CVA Survey 7/18/24 73423 268.00 101-2004-5401-00 Advertising & Noticing 13 STARS MEDIA Legal Notice - Public Hearing 8/1/24 73423 122.40 Vendor Subtotal for Section 2:2004 658.40
Section 2:2004
101-2004-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Bldg Safety 73489 92.78 Vendor Subtotal for Section 2:2004 92.78
Section 2:2004
101-2004-6160-00 Operating Supplies U.S. Bank ES-9405-Amazon Supplies 73381 34.17 101-2004-6160-00 Operating Supplies U.S. Bank ES-9405-Unlimited Conferencing 73381 5.56 101-2004-6160-00 Operating Supplies U.S. Bank ES-9405-4Imprint Cutting Boards 73381 1,419.27 101-2004-6160-00 Operating Supplies U.S. Bank ES-9405-Amazon Storage Supplies 73381 109.38 Vendor Subtotal for Section 2:2004 1,568.38
Section 2:2010
101-2010-4204-00 Dental Insurance Delta Dental of California PR 15.08.2024 Dental Insurance-Quinto-May'24 73521 50.06 AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 24 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2010 50.06
Section 2:2010
101-2010-6160-00 Operating Supplies U.S. Bank ESD-7736-Custom Magnets 73381 127.60 Vendor Subtotal for Section 2:2010 127.60
Section 2:2012
101-2012-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Code Enforcement 73489 35.27 Vendor Subtotal for Section 2:2012 35.27
Section 2:3003
101-3003-5405-00 Printing BRIAN SHORE Banner - Green Leader Program 73518 158.78 Vendor Subtotal for Section 2:3003 158.78
Subtotal for Section 1: 101 24,766.61
Section 1: 103
Section 2:9050
103-9050-5510-00 Insurance Premiums CALIFORNIA JPIA All Risk Property Insurance 7/1/24 - 7/1/25 - City Hall73382 256,228.00 Vendor Subtotal for Section 2:9050 256,228.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance Bear Contractors, Inc. Fire System Repair 73431 850.00 Vendor Subtotal for Section 2:9050 850.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance Wink Roberts City Hall - Elevator Ceiling HVAC 73474 1,070.23 Vendor Subtotal for Section 2:9050 1,070.23
AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 25 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Section 2:9050
103-9050-5610-00 Facilities Maintenance U.S. Bank AS-7465 Fac Maint 73381 667.58 Vendor Subtotal for Section 2:9050 667.58
Section 2:9050
103-9050-5722-00 Electricity Southern California Edison Company City Hall - Jun '24 73485 12,002.03 Vendor Subtotal for Section 2:9050 12,002.03
Section 2:9050
103-9050-5725-00 Trash Pickup/Recycling GI INDUSTRIES Garbage - City Hall Green Waste - Aug '24 73446 67.79 Vendor Subtotal for Section 2:9050 67.79
Section 2:9050
103-9050-6160-00 Operating Supplies AAA Propane Services, Inc. City Hall Propane 73424 493.15 Vendor Subtotal for Section 2:9050 493.15
Section 2:9050
103-9050-6160-00 Operating Supplies U.S. Bank AS-7465 Supplies 73381 1,805.55 Vendor Subtotal for Section 2:9050 1,805.55
Section 2:9050
103-9050-6300-00 Tools & Minor Equipment U.S. Bank AS-7465 HomeDepot/Amazon - Tools 73381 1,079.79 Vendor Subtotal for Section 2:9050 1,079.79
Section 2:9050
103-9050-7300-00 Leasehold Improvements Paul, Joseph Croteau Public Safety - New Wall 7/1 - 7/12/24 73437 3,253.00 103-9050-7300-00 Leasehold Improvements Paul, Joseph Croteau City Hall - Patch Ceiling Drywall 73437 290.00 Vendor Subtotal for Section 2:9050 3,543.00
AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 26 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 103 277,807.12
Section 1: 105
Section 2:9088
105-9088-5127-00 Weed Abatement LA CO AGRICULTURAL COMMISSIONERWeed Abatement - Vacant Properties - 4/1 - 6/30/24 73506 14,001.90 Vendor Subtotal for Section 2:9088 14,001.90
Subtotal for Section 1: 105 14,001.90
Section 1: 203
Section 2:3009
203-3009-5145-00 Dial A Ride Services 13 STARS MEDIA Ad - Dial-a-Ride 7/18/24 73423 268.00 Vendor Subtotal for Section 2:3009 268.00
Section 2:3009
203-3009-5148-00 Special Event Rec Transit Fast Deer Bus Charter Inc. Sr. Excursion - Autry Museum 7/16/24 73444 1,811.25 Vendor Subtotal for Section 2:3009 1,811.25
Subtotal for Section 1: 203 2,079.25
Section 1: 207
Section 2:3004
207-3004-6160-00 Operating Supplies U.S. Bank ES-9405-Anypromo Planter Kits 73381 1,669.30 Vendor Subtotal for Section 2:3004 1,669.30
Subtotal for Section 1: 207 1,669.30
Section 1: 290
Section 2:6002
290-6002-5722-00 Electricity Southern California Edison Company Asmt Dist Big Rock - Jun '24 73485 2,330.97 AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 27 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount 290-6002-5722-00 Electricity Southern California Edison Company Big Rock Inland Pump - Jun '24 73485 136.55 Vendor Subtotal for Section 2:6002 2,467.52
Subtotal for Section 1: 290 2,467.52
Section 1: 291
Section 2:6003
291-6003-5722-00 Electricity Southern California Edison Company Asmt dst Malibu Rd - Jun '24 73485 97.01 Vendor Subtotal for Section 2:6003 97.01
Subtotal for Section 1: 291 97.01
Section 1: 292
Section 2:6004
292-6004-5722-00 Electricity Southern California Edison Company Asmt Dist Rambla-Calle - Jun '24 73485 21.38 292-6004-5722-00 Electricity Southern California Edison Company Asmt Dist Calle Del - Jun '24 73485 44.95 292-6004-5722-00 Electricity Southern California Edison Company Calle Del Barco - Jun '24 73485 14.51 Vendor Subtotal for Section 2:6004 80.84
Subtotal for Section 1: 292 80.84
Section 1: 310
Section 2:9065
310-9065-7800-00 CDBG - MCLE Office Trailer KIMLEY-HORN AND ASSOCIATES INC Task 14: Labor ExchangeTrailer - Jun '24 73380 28,615.70 Vendor Subtotal for Section 2:9065 28,615.70
Section 2:9066
310-9066-5100-00 Prof Svcs - PCH Signal Sync NV5 INC PCH Signal Sync Proj - Jul '23 73511 2,527.74 Vendor Subtotal for Section 2:9066 2,527.74
AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 28 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Section 2:9103
310-9103-5100-00 Kanan Dume Biofilter KIMLEY-HORN AND ASSOCIATES INC Task 15: Kanan Dume Biofilters - Jun '24 73503 12,990.82 Vendor Subtotal for Section 2:9103 12,990.82
Section 2:9113
310-9113-5100-00 Legacy Bench/Arbor Renovation BLACKPOINTE GROUP CONSTRUCTION & MANAGEMENT INC Legacy Park Benches 4/30 - 6/30/24 73499 10,283.75 Vendor Subtotal for Section 2:9113 10,283.75
Subtotal for Section 1: 310 54,418.01
Section 1: 500
Section 2:7008
500-7008-5127-00 Weed Abatement LA CO AGRICULTURAL COMMISSIONERWeed Abatement - Legacy Park - 4/1 - 6/30/24 73506 17,423.59 Vendor Subtotal for Section 2:7008 17,423.59
Section 2:7008
500-7008-5130-00 Park Maintenance Malibu Glass and Mirror, Inc Legacy Park - Replacement Plexiglass 73471 55.00 Vendor Subtotal for Section 2:7008 55.00
Section 2:7008
500-7008-5510-00 Insurance Premiums CALIFORNIA JPIA All Risk Property Insurance 7/1/24 - 7/1/25 - Legacy Park 73382 Tenant 144,036.00 Vendor Subtotal for Section 2:7008 144,036.00
Section 2:7008
500-7008-5722-00 Electricity Southern California Edison Company 23661 PCH - Jun '24 73485 1,044.97 500-7008-5722-00 Electricity Southern California Edison Company Legacy Park Lift Station - Jun '24 73485 1,362.19 Vendor Subtotal for Section 2:7008 2,407.16
AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 29 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 500 163,921.75
Section 1: 515
Section 2:3010
515-3010-5510-00 Insurance Premium CALIFORNIA JPIA All Risk Property Insurance 7/1/24 - 7/1/25 - CCWTF 73382 224,419.00 Vendor Subtotal for Section 2:3010 224,419.00
Section 2:3010
515-3010-5722-00 Electricity Southern California Edison Company Injection Wells/CCWWTF - Jun '24 73485 557.25 515-3010-5722-00 Electricity Southern California Edison Company CCWWTF - Jun '24 73485 13,393.93 Vendor Subtotal for Section 2:3010 13,951.18
Subtotal for Section 1: 515 238,370.18
Section 1: 601
Section 2:3005
601-3005-5722-00 Electricity Southern California Edison Company Electric Car Charger - Jun '24 73485 667.20 Vendor Subtotal for Section 2:3005 667.20
Section 2:3005
601-3005-6330-00 Vehicle Repair & Maintenance VASUDEVAN NAICKER Car Wash City Vehicles 8/8/24 73477 320.00 601-3005-6330-00 Vehicle Repair & Maintenance VASUDEVAN NAICKER Car Wash City Vehicles 7/31/24 73477 205.00 Vendor Subtotal for Section 2:3005 525.00
Section 2:3005
601-3005-6330-00 Vehicle Repair & Maintenance U.S. Bank PW-8679-Fleet Maintenance 73381 3,452.79 Vendor Subtotal for Section 2:3005 3,452.79
Section 2:3005
601-3005-6500-00 Motor Fuels U.S. Bank CS-2481-Fleet Fuel 73381 233.56 601-3005-6500-00 Motor Fuels U.S. Bank CS-7433-Fleet Fuel 73381 86.08 AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 30 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount 601-3005-6500-00 Motor Fuels U.S. Bank PW-9093-Fleet Fuel 73381 131.73 601-3005-6500-00 Motor Fuels U.S. Bank PW-8679-Fleet Fuel 73381 160.00 601-3005-6500-00 Motor Fuels U.S. Bank PW-1579-Fleet Fuel 73381 150.35 601-3005-6500-00 Motor Fuels U.S. Bank CS-4743-Fleet Fuel 73381 49.07 Vendor Subtotal for Section 2:3005 810.79
Subtotal for Section 1: 601 5,455.78
Section 1: 602
Section 2:7060
602-7060-5100-00 Professional Services KONICA MINOLTA BUSINESS SOLUTIONS USA INC OnBase Upgrade - Milestone #2 73505 9,875.00 Vendor Subtotal for Section 2:7060 9,875.00
Section 2:7060
602-7060-5100-00 Professional Services SDI PRESENCE LLC IT Strategic Plan - Jun '24 73516 2,916.46 602-7060-5100-00 Professional Services SDI PRESENCE LLC IT Strategic Plan - May '24 73516 2,315.00 Vendor Subtotal for Section 2:7060 5,231.46
Section 2:7060
602-7060-5721-00 Telephone U.S. Bank IT-4175- Computer Software 73381 1,888.70 Vendor Subtotal for Section 2:7060 1,888.70
Section 2:7060
602-7060-6120-00 Computer Software U.S. Bank IT-4175-Computer Software 73381 3,678.46 602-7060-6120-00 Computer Software U.S. Bank IS-5921-Software Renewals 73381 1,839.68 602-7060-6120-00 Computer Software U.S. Bank IS-5921-Software Renewals 73381 1.49 602-7060-6120-00 Computer Software U.S. Bank IT-4175-Computer Software 73381 368.74 602-7060-6120-00 Computer Software U.S. Bank IT-4175-Computer Software 73381 3,541.66 602-7060-6120-00 Computer Software U.S. Bank IT-4175-Computer Software 73381 2,490.00 602-7060-6120-00 Computer Software U.S. Bank IS-5921-Software Renewals 73381 111.18 Vendor Subtotal for Section 2:7060 12,031.21
AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 31 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Section 2:7060
602-7060-7400-00 Computer Equipment U.S. Bank IT-4175-Computer Equipment 73381 1,740.66 602-7060-7400-00 Computer Equipment U.S. Bank IS-5921-Computer Maintenance 73381 3,273.91 602-7060-7400-00 Computer Equipment U.S. Bank IT-4175-Computer Equipment 73381 4,042.78 602-7060-7400-00 Computer Equipment U.S. Bank IS-5921-Computer Maintenance 73381 1,454.60 602-7060-7400-00 Computer Equipment U.S. Bank IT-4175-Computer Equipment 73381 7,990.21 602-7060-7400-00 Computer Equipment U.S. Bank IS-5921-Computer Maintenance 73381 651.50 Vendor Subtotal for Section 2:7060 19,153.66
Subtotal for Section 1: 602 48,180.03
Section 1: 710
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Carol Holt Ref - Security Deposit Parking Rentals 73448 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Sanjiv Kalra Ref - Security Deposit Parking Rentals 73449 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Jordan Kirk Ref - Security Deposit Picnic Table 73450 100.00 Vendor Subtotal for Section 2:0000 100.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits MALIBU FILM SOCIETY Ref - Fac Deposit Ioki Lot 2020 73470 1,000.00 Vendor Subtotal for Section 2:0000 1,000.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Anushka Rai Ref - Security Deposit Picnic Table 73480 50.00 Vendor Subtotal for Section 2:0000 50.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits PHILLIP VANZALE Ref - Security Deposit Parking Rental 73421 250.00 AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 32 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits NOVA WANG Ref - Security Deposit Parking Rental 73422 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-44 Library Event 13 STARS MEDIA Ad - Derrick Pitts MLSS 8/8/24 73387 268.00 Vendor Subtotal for Section 2:0000 268.00
Section 2:0000
710-0000-2270-51 Land Development Survey Review MNS ENGINEERS INC 6300 Zuma Mesa - Jun '24 73510 2,517.50 710-0000-2270-51 Land Development Survey Review MNS ENGINEERS INC TM 70038 - Jun '24 73510 4,372.50 710-0000-2270-51 Land Development Survey Review MNS ENGINEERS INC 33008 PCH - Jun '24 73510 397.50 710-0000-2270-51 Land Development Survey Review MNS ENGINEERS INC 27242 PCH - Jun '24 73510 1,060.00 Vendor Subtotal for Section 2:0000 8,347.50
Subtotal for Section 1: 710 10,765.50
Section 1: 900
Section 2:0000
900-0000-2023-00 Vision Insurance Blue Shield of California PR Batch 70015.08.2024 Vision Care 73520 1,439.56 Vendor Subtotal for Section 2:0000 1,439.56
Section 2:0000
900-0000-2024-00 Dental Insurance Delta Dental of California PR Batch 70015.08.2024 Dental Insurance 73521 8,246.06 Vendor Subtotal for Section 2:0000 8,246.06
Section 2:0000
900-0000-2025-01 Additional Life Insurance Standard Insurance Company N2 PR Batch 70015.08.2024 Additional Life Insurance 73525 355.28 AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 33 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 355.28
Section 2:0000
900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70001.08.2024 STD/LTD 73488 3,625.12 Vendor Subtotal for Section 2:0000 3,625.12
Section 2:0000
900-0000-2027-00 Employee Assistance Health and Human Resource Center Inc PR Batch 70015.08.2024 Employee Assistance 73519 123.71 Vendor Subtotal for Section 2:0000 123.71
Section 2:0000
900-0000-2041-00 PARS U.S. Bank PR Batch 70015.08.2024 PARS - ER Share 73526 296.76 900-0000-2041-00 PARS U.S. Bank PR Batch 70015.08.2024 PARS - EE Share 73526 1,415.32 Vendor Subtotal for Section 2:0000 1,712.08
Section 2:0000
900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70015.08.2024 ICMA Def Comp - % of Salary 73522 1,287.93 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70015.08.2024 ER Contribution to ICMA 73522 3,450.00 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70015.08.2024 ICMA Def Comp - Flat Amount 73522 13,650.39 Vendor Subtotal for Section 2:0000 18,388.32
Section 2:0000
900-0000-2042-01 ICMA Loan Program ICMA-MissionSquare Retirement - 303615 PR Batch 70015.08.2024 ICMA Loan Program 73522 1,002.60 Vendor Subtotal for Section 2:0000 1,002.60
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108658 PR Batch 70015.08.2024 ICMA - City Manager 73523 600.00 Vendor Subtotal for Section 2:0000 600.00
AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 34 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D Account Number Description Vendor Description Check No Amount Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108650 PR Batch 70015.08.2024 ICMA - Dept Heads 73524 875.00 Vendor Subtotal for Section 2:0000 875.00
Subtotal for Section 1: 900 36,367.73
Report Total: 2,667,927.00
AP-Transactions by Account (08/28/2024 - 9:38 AM) Page 35 Docusign Envelope ID: 934FAB31-1D34-4621-9C83-CDC162529C6D

Agenda Item # 3.B.3.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: August 27, 2024 Meeting date: September 9, 2024 Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the July 8, 2024 Regular Meeting and the July 22, 2024 Special 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. Staff continue to work on ongoing projects and normal business while the FY 2024-25 Strategic Priority Plan is finalized.

DISCUSSION: Staff has prepared draft minutes for the Council meetings on July 8, 2024 and July 22, 2024.

ATTACHMENTS:

July 8, 2024 Regular Meeting
July 22, 2024 Special Meeting
City Council Meeting
09-09-24
Item

3.B.3.
1 Attachment 1

MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
JULY 8, 2024

COUNCIL CHAMBERS
6:30 P.M.

MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 5:00 p.m.

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

PRESENT: Mayor Steve Uhring; Mayor Pro Tem Doug Stewart; and Councilmembers Paul Grisanti, Marianne Riggins, and Bruce Silverstein

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

Speakers: Kevin Shenkman

RECESS TO CLOSED SESSION
At 5:02 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

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.

Negotiating Parties: WPG Malibu LLC, AJS Lumberyard LLC, 9308 Civic Center Drive LLC
Under Negotiation: Price and Terms
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 6:33 p.m.

ROLL CALL
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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; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Planning Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Parker Davis, Media Technician; Christina Muñoz, Deputy City Clerk; Kate Manisco, Recreation Manager; Amanda Rigali, Recreation Coordinator; Tracey Rossine, Environmental Programs Manager; Fletcher Allen, Associate Planner; Gail Duncan, Administrative Assistant; Rebecca Evans, Senior Management Analyst; Salvador Lopez, Interim Assistant Planning Director; and Patricia Salazar, Development and Operations Manager

PLEDGE OF ALLEGIANCE
Lloyd Ahern led the Pledge of Allegiance.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on June 28, 2024, with the amended agenda posted on July 5, 2024.

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 5:00 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.8 and 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, however the Council directed staff to make a report on the school district item.

Deputy City Attorney Wood reported that after careful consideration and extensive mediation efforts the City will resume the petition process initially filed with the Los Angeles County Committee on School District Organization in 2017. She stated the City remained fully committed to making sure the future Santa Monica Unified School District and Malibu Unified School District are allocated sufficient funding to provide a similar level of service as before separation. She discussed the importance of communication through this process and stated the City will remain transparent and inclusive.

APPROVAL OF AGENDA
MOTION Mayor Pro Tem Stewart moved, and Councilmember Silverstein seconded a motion to approve the agenda, hearing the City Manager Updates before Item No. 2.A. and adjourning in memory of Martin Okeke.
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CONSENSUS
By Consensus, the Council determined it would hear Item No. 7.A. before the Consent Calendar.

ITEM 1 CEREMONIAL/PRESENTATIONS
A. City Council Reorganization

1. Presentations to Outgoing Mayor
Mayor Pro Tem Stewart presented the outgoing Mayor award to Mayor Uhring.

Tim Boswell and Roxane made presentations to the outgoing Mayor.

2. Remarks by Outgoing Mayor
Mayor Uhring discussed his term as Mayor and stated he tried to stay true to his campaign promises. He thanked City staff including City Clerk Pettijohn, the Department Heads, Deputy City Clerk Muñoz, Deputy City Clerk Lawrence, Senior Management Analyst Ayala, Environmental Programs Manager Rossine, and Environmental Health Administrator Andico. He thanked the residents for their participation in the City Council meetings. He thanked his fellow Councilmembers. He discussed the City’s responsibility to preserve and protect Malibu’s resources.

3. Election of Mayor
Mayor Uhring opened the floor to nominations for Mayor.

MOTION Councilmember Silverstein moved, and Councilmember Riggins second a motion to nominate Mayor Pro Tem Stewart for Mayor. The question was called, and the motion carried 4-1, Mayor Pro Tem Stewart abstained.

4. Election of Mayor Pro Tem
Mayor Stewart opened the floor to nominations for Mayor Pro Tem.

MOTION Councilmember Grisanti moved, and Councilmember Silverstein seconded to motion to nominate Councilmember Riggins for Mayor Pro Tem. The question was called, and the motion carried unanimously.

5. Administration of Oath of Office to Newly Elected Mayor and Mayor Pro Tem
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Sharon Stewart administered the Oath of Office to newly elected Mayor Stewart
City Clerk Pettijohn administered the Oath of Office to newly elected Mayor Pro Tem Riggins.

6. Remarks by Newly Elected Mayor
Mayor Stewart stated he was proud to serve with Mayor Pro Tem Riggins after their election in 2022. He discussed his responsibility to uphold the City’s Mission Statement and lead the City as Mayor. He thanked those who supported his campaign. He discussed his commitment to representing the entire City. He stated the 17th City Council had worked well together and discussed the importance of decorum. He stated he would do his best to keep the dais focused on City business through the 2024 election cycle.

B. Presentation of commendation to Planning Director Richard Mollica in recognition of his service to the City
Mayor Pro Tem Riggins presented the commendation to Planning Director Mollica.

Planning Director Mollica thanked the Council for the recognition and stated it had been a pleasure serving the City. He discussed his experiences with the City.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES City Manager McClary thanked Planning Director Mollica for his contributions to the City. He stated there was an active code enforcement investigation into the July 4, 2024 event at Nobu. He cautioned the Council that this matter may come before them in the future. He stated the City does not have the ability to independently shut down events. He discussed the City’ response to and monitoring of the event on July 4, 2024. He stated the fatal traffic collision on July 4, 2024 was under investigation. He stated Nobu had threatened suit against the City but has not served the City with a summons or complaint. He cautioned against discussing this matter in open session.

ITEM 2.A. PUBLIC COMMENTS
Tim Pera, Mountains Recreation Conservation Authority Ranger, provided the Ranger activity report for the last month. He stated 262 parking citations were issued, no service calls were generated, and extended patrols were scheduled for the July 4, 2024 weekend. He stated rangers closed the parking lot for Escondido Trail during road maintenance and assisted in redirecting the public. He stated eight administrative citations were issued at Lechuza Beach for possession of alcohol and four at Escondido Trail for off-trail use.

Michel Shane discussed the fatal traffic collision on July 4, 2024. He expressed 5 Malibu City Council
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Caltrans had failed to implement median and turning lanes on Pacific Coast Highway (PCH). He commended City officials for working on PCH safety bills in Sacramento.

Howard Rudzki thanked Planning Director Mollica for his service. He commended Alicia Peak for her work on the Point Dume Fourth of July parade. He thanked Seargent Soderlund for his response to illegal fireworks.

Norm Haynie thanked Councilmember Uhring for his service on the City Council and the Planning Commission. He commended Mayor Stewart for his skills as a Councilmember. He commended Planning Director Mollica for his service.

Ryan Embree thanked Councilmember Uhring for his service as Mayor and congratulated Mayor Stewart. He thanked Planning Director Mollica for his service. He discussed the event on July 4, 2024 at Nobu and the traffic plan.

Josh Spiegel thanked Councilmember Uhring for his service and congratulated Mayor Stewart. He thanked Planning Director Mollica for his service. He discussed the event on July 4, 2024 at Nobu and stated the City need more tools to shut down unpermitted events.

Skylar Peak thanked the Councilmembers for their service. He thanked Alicia Peak and the Community Emergency Response Team (CERT) volunteers for their work on the Point Dume Fourth of July parade. He thanked Planning Director Mollica for his service. He encouraged the City to continue working on PCH safety programs.

Meril May encouraged the public to report problems in the City to the relevant agencies so they can be addressed. He discussed bathrooms under construction at Zuma Beach and Westward Beach. He stated he reported the issue to the County Supervisor and temporary porta potties were placed for the holiday weekend, but it is an ongoing issue. He discussed traffic impacts from the closure of the Zuma Beach underpass. He encouraged having more Sheriff’s officers. He recommended purchasing more volunteers on patrol (VOP) vehicles.

Jefferson Wagner thanked the Councilmembers for their service. He presented pictures of litter on the street near Nobu. He discussed motorhomes continuously parked near Corral Beach.

Tim Boswell read a portion of a letter from Adrian Fernandez to the City Council.

Roxane read a portion of a letter from Adrian Fernandez to the City Council.

Bill Sampson thanked Councilmember Uhring for his service. He requested the City look into who could police out of control parties. He stated it was difficult for residents to get jobs at City Hall. He discussed the alcohol served at the July 4, 2024 event at Nobu and the fatal traffic collision on July 4, 2024. He stated the 6 Malibu City Council
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Planning Commission would consider conditional use permits for alcohol service at the next meeting.

Dan read a portion of a letter from Adrian Fernandez to the City Council.

Jo Drummond, Malibu Township Council (MTC) President, congratulated Councilmember Uhring and Mayor Stewart. She stated MTC denied all claims in a June 24, 2024 letter from a City staff member to the Council. She discussed MTC’s appeal of the Malibu Inn Motel project. She discussed the mission of MTC and its advocacy efforts.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES (Continued) Jo Drummond, Public Works Commission, discussed the Public Safety Commission and Public Works Commission joint meeting on Caltrans’s PCH Master Plan. She encouraged the public to participate in the upcoming feasibility study meetings with Caltrans. She discussed potential improvements such as adding medians or removing parking to create a protected bike lane. She stated the lane closures for the PCH Signal Synchronization Project would be complete in a few weeks and the project would be completed by the end of 2024.

City Manager McClary stated the LAZ parking team began operations over the July 4, 2024 weekend and 567 parking citations were issued. He stated SB 1297 had been approved by the Privacy and Protection Committee. He thanked Mayor Stewart and Deputy City Manager Brown for going to Sacramento and participating in the hearing. He stated the bill would be considered by the Appropriations Committee in August. He stated SB 1509 would also be considered by the Appropriations Committee in August. He discussed the Cruise Malibu PCH safety campaign launch. He announced PCH Master Plan workshops on July 11, 2024 and August 28, 2024 at City Hall, and a virtual workshop on July 18, 2024. He announced the City Council meeting on July 22, 2024 would be canceled for the Council’s summer recess. He stated he attended a school district separation mediation meeting and a business roundtable meeting.

Mayor Stewart stated LAZ parking would be able to help with overnight parking issues. He discussed meeting decorum and asked the public to hold their applause during the meeting.

Councilmember Silverstein discussed the City’s prohibition on overnight camping and the Supreme Court decision on the Grants Pass v. Johnson case. He encouraged the Sheriff’s Department to enforce the no camping law.

Captain Jennifer Seetoo, Los Angeles County Sheriff’s Department, discussed the fatal traffic collision on July 4, 2024 on PCH. She stated the investigation was ongoing and detectives were diligently investigating. She discussed the dangers of intoxication and stated the Lost Hills station would start a new program using café incident cards to identify where intoxicated individuals were driving from. She 7 Malibu City Council
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encouraged the public to report anything they observed or recorded regarding the crash.

In response to Councilmember Grisanti, Captain Seetoo stated the café incident cards helped identify trends, and the Sheriff’s department would work with alcohol and beverage control to look at those institutions.

In response to Councilmember Silverstein, Captain Seetoo stated the Sheriff’s Department did respond to calls regarding parties. She stated parties in County’s jurisdiction are documented and the department works with County Counsel to go after the party house. She stated the Sheriff’s Department does not determine if a party violated a temporary use permit or conditional use permit.

Councilmember Uhring thanked Captain Seetoo for the update.

Captain Seetoo stated the Sheriff’s Department would have a certificate for Councilmember Uhring recognizing his service as Mayor. She discussed the importance of collaborating with the City and the impact of the speed camera bill.

Mayor Stewart thanked Captain Seetoo for the update.

Sergeant Chris Soderlund, Los Angeles County Sheriff Department, reported crime statistics for June 2024. He stated there were 47 Part One crimes and 206 total for the year, which is down from last year. He discussed arrests in June 2024, including an arrest for possession of narcotics with intent to distribute. He discussed an incident on July 3, 2024 where Sheriff’s Deputies and Los Angeles County Animal Control responded to an incident where a dog had been abandoned and bound by zip ties.

In response to Mayor Pro Tem Riggins, Sergeant Soderlund stated there were many visitors in Malibu over the holiday weekend.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Silverstein stated he had publicly commented on the July 4, 2024 event at Nobu on social media. He stated he would consider if he needed to recuse himself if the matter ever came before the Council. He stated the public deserves to hear from Council on this tragedy. He discussed traffic collision on July 4, 2024 and the investigation. He discussed the events on July 4, 2023 and July 4, 2024 at Nobu. He read a memo from the City Manager on the conditions staff had put on the temporary use permit (TUP) for the July 4, 2024 event. He discussed his response to the City Manager and his concern that fines were not significant enough to be a deterrent. He discussed his proposal a year ago to form an Ad Hoc Committee to make recommendations on the penalties for unpermitted events. He stated the issue had been referred to ZORACES and the committee had not met on this issue. He stated residents had submitted correspondence requesting the TUP be appealed to the Planning Commission and discussed the appeal fee which 8 Malibu City Council
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deterred residents from filing a formal appeal. He stated he had advocated for the elimination of the appeal fee and stated the California Coastal Commission did not have an appeal fee. He discussed the TUP condition requiring Public Works Departments approval of the traffic plan and the nullification of the permit. He discussed how he advocated for emergency enforcement. He discussed the City Manager’s memo to the City Council and Sheriff’s Department after the nullification of the permit. He discussed evidence that the special event was held on July 4, 2024.

Interim City Attorney Rusin cautioned that this item was not on the agenda and should not have an extended discussion.

Mayor Stewart encouraged Councilmember Silverstein to make his points briefly.

MOTION Councilmember Silverstein moved to bring this issue back on an agenda.

He stated the discussion could be in open or closed session, depending on the Interim City Attorney’s advice.

Councilmember Uhring seconded the motion.

Mayor Pro Tem Riggins requested clarification on what information staff will bring back.

Councilmember Silverstein indicated staff should agendize a broad item for the Council to provide direction to staff. He stated the item should focus specifically on Nobu.

In response to Mayor Stewart, Interim City Attorney Rusin stated if the Council wanted to consider litigation it could be discussed in closed session. He stated he did not recommend a general consideration of code enforcement and stated it was not generally in the Council’s purview to manage code enforcement on a case-bycase basis.

In response to Councilmember Silverstein, Interim City Attorney Rusin stated the Council could consider an item to consider initiating a CUP revocation proceeding.

In response to Mayor Stewart, Interim City Attorney Rusin stated the CUP could not be considered in closed session. He stated the Council could also direct the City Manager to bring back a report on progress on code enforcement on this matter.

Councilmember Grisanti indicated support for discussing the threat of litigation in closed session.

City Manager McClary asked the Councilmembers to refrain from discussing staff members’ performance.
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Councilmember Silverstein his comments were not intended as comments on staff performance and his comments were discussing the process.

In response to Mayor Stewart, Councilmember Silverstein stated he was recommending bringing back an item to consider revocation of the CUP as well as any other appropriate actions within the Council’s jurisdiction.

In response to Mayor Stewart, Interim City Attorney Rusin stated the Council could consider an item on CUP revocation. He stated he did not recommend discussing litigation in open session.

Councilmember Silverstein clarified that he was recommending bring back an item consider initiating the process to consider revoking the CUP.

In response to Mayor Stewart, Interim City Attorney Rusin stated the was a CUP Amendment application from Nobu. He restated the motion: direct staff to bring back an item to consider whether to direct staff to bring an item before the planning commission to consider initiating revocation or modification proceedings regarding the Conditional Use Permit for Nobu.

Councilmember Silverstein clarified that the motion would also include bringing back any other related action that is within the subject matter jurisdiction of the city Council.

FRIENDLY AMENDMENT
Councilmember Silverstein moved to direct staff to bring back at the earliest possible convenience an item to consider whether to direct staff to bring an item before the planning commission to consider initiating revocation or modification proceedings regarding the Conditional Use Permit for Nobu, or any other related action that is within the subject matter jurisdiction of the City Council City Manager McClary stated staff would find a date to bring this item back.

The amendment was accepted by the seconder.

Councilmember Uhring discussed social media discourse on this event. He stated it was important to enforce the City’s rules.

FRIENDLY AMENDMENT
Mayor Stewart moved to direct staff to bring back an update at the August 12, 2024 Regular meeting on enforcement actions taken in response to the July 4, 2024 event at Nobu.

The amendment was accepted by the maker and the seconder.

The question was called, and the motion carried unanimously. 10 Malibu City Council
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Councilmember Grisanti stated he was on arson watch July 1- July 6, 2024. He stated he attended a school district separation mediation meeting. He stated he participated in the Point Dume Fourth of July parade with the CERT team. He discussed Malibu West’s brush clearance using goats.

Councilmember Uhring asked in Ranger Pera had seen the letter from the City of Malibu to MRCA regarding Sycamore Park.

In response to Councilmember Uhring, City Manager McClary confirmed the letter was sent out but he did not know if it had been provided to the residents. Interim City Attorney Rusin stated the City’s next steps would depend on MRCA’s response to the letter.

Councilmember Silverstein stated he read the letter and thought it was very good.

Councilmember Uhring stated he had spoken with Supervisor Horvath regarding her proposal for a ballot measure to restructure the County.

Mayor Pro Tem Riggins requested additional information on the proposal.

Interim City Attorney Rusin clarified that if the Council wanted to consider sending a letter supporting the proposal it would need to be agendized for a future meeting.

He stated the Councilmembers could individually send their own letters.

Deputy City Manager Brown discussed the media advisory that was sent out and stated the item would appear on three more Board of Supervisors agendas. She stated staff could bring back an item to consider sending a letter or she could circulate the materials to the Councilmembers if they would like to consider sending their own letters. She stated Supervisor Horvath’s office had requested support as soon as the Council was able to provide it.

MOTION Councilmember Uhring moved, and Mayor Stewart seconded a motion to direct staff to: 1) bring back an item at the August 12, 2024 Regular meeting to consider sending a letter of support regarding Los Angeles County Governance Reform Package proposed by Supervisor’s Linsey Horvath and Janice Hahn, and 2) distribute the materials from Supervisor Horvath’s office to the Councilmembers.

In response to Councilmember Silverstein, Interim City Attorney Rusin stated the Councilmembers could make brief comments on the issue.

Councilmember Silverstein indicated support for the proposal.

Councilmember Grisanti indicated support for expanding the Board of Supervisors.

Mayor Pro Tem Riggins indicated support for the proposal. 11 Malibu City Council
Minutes of July 8, 2024

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In response to Mayor Stewart and Councilmember Uhring, Interim City Attorney stated the Council could not direct the City Manager to send a letter.

The motion carried unanimously.

Mayor Pro Tem Riggins announced a weed pulling event at Point Dume headlands on Wednesday. She discussed the discount parking pass from Los Angeles County Beaches and Harbors for seniors. She stated she participated in Point Dume Fourth of July parade and thanked Alicia Peak, Paul Major, VOPs, CERT, Sheriff’s Deputies, and Fire Department staff for their work on the event. She stated Congressman Brad Sherman also attended the parade. She congratulated Team USA Olympians and Malibu native Tom Share competing in skateboarding at the 2024 Olympics.

In response to Mayor Pro Tem Riggins, City Manager McClary stated information from County Waterworks was that they would alternate paving on Winding Way to allow access up the street.

Mayor Pro Tem Riggins stated the City would be happy to work with MRCA to make sure they have up to date information. She requested staff contact Nobu and SoHo house to clean up litter on PCH near their establishments. She stated she attended a school district separation mediation meeting and introduced the last library speaker series speaker. She requested the Walt and Lucille Keller award be awarded again and asked the Parks and Rec commission review applications for the award.

In response to Councilmember Grisanti, Interim City Attorney Rusin confirmed discussion of the Walt and Lucille Keller award should be agendized.

City Manager McClary suggested adding this item to the work plan discussion. He stated he would look into the matter further and discuss it with Mayor Pro Tem Riggins.

Mayor Stewart commended Alicia Peak for her work on the Point Dume Fourth of July parade. He discussed the limited staffing in law enforcement and it was not a matter of funding. He stated he attended the Cruise Malibu campaign launch. He stated he attended the Privacy and Protection Committee hearing on the PCH safety bills. He discussed progress on the bills and articles on the speed cameras from The Malibu Times. He stated the speed cameras were not intended to be a revenue generating measure and would not be part of a speed trap. He stated the revenue generated would go to a dedicated fund for improvements on PCH. He discussed the Grants Pass v. Johnson decision and stated it allowed another tool in the toolbox to address homelessness.

ITEM 7 COUNCIL ITEMS
A. 2024-25 Harry Barovsky Memorial Youth Commission Appointments 12 Malibu City Council
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Recommended Action: Appoint Commissioners to the 2024-25 Harry Barovsky Memorial Youth Commission.

Recreation Manager Manisco presented the staff report.

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

The Council discussed the item.

MOTION Mayor Pro Tem Riggins moved, and Councilmember Silverstein seconded a motion to appoint the following 11 Commissioners to the 2024-25 Harry Barovsky Memorial Youth Commission Allegra Barzan, Kylie Epstein, Logan Epstein, Kailyn Lilly, Preston Lilly, Chloe Loquet, Sofia Meyers, Hank Norby, Caidyn Ovsiowitz, Payton Pollack, and Ore Porat. The motion carried unanimously.

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

MOTION Councilmember Silverstein moved, and Councilmember Grisanti seconded a motion to approve the Consent Calendar, pulling Item No. 3.B.3. The motion carried unanimously.

The Consent Calendar consisted of the following items:

A. Previously Discussed Items

1. Second Reading and Adoption of Ordinance No. 519
Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 519 determining the proposed code amendments are exempt from the California Environmental Quality Act, approving the California Coastal Commission suggested modifications to local coastal program amendment no. 16-007 specifically local implementation plan sections 2.2 and 3.16, chapter 13 and appendix 1 (Table B permitted uses), an amendment to the local coastal program to modify regulations, procedures, and application requirements for the installation of wireless communications facilities.

B. New Items

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

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 72785-72942 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. 750 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount 13 Malibu City Council
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of 3,381,279.66 City of Malibu payroll check number 5477-5478 and ACH deposits were issued in the amount of $611,206.25.

4. Investment Report for the Month Ending May 31, 2024
Recommended Action: Receive the Investment Report for the month ending May 31, 2024

5. Amendment No. 8 to Agreement with Turbo Data Systems Recommended Action: Authorize the Mayor to execute Amendment No. 8 to the Professional Services Agreement with Turbo Data Systems for Parking Citation Processing Services.

6. Los Angeles County Measure R Transportation Funding Agreement Recommended Action: Authorize the Mayor to execute the Los Angeles County Measure R Funding Agreement for the Pacific Coast Highway at Las Flores Canyon and Rambla Pacifico Intersection Improvements.

7. Los Angeles County Measure R Transportation Funding Agreement Recommended Action: Authorize the Mayor to execute the Los Angeles County Measure R Funding Amendment to Agreement for the Pacific Coast Highway Intersection Improvements -Trancas Canyon Intersection.

8. Consider Opting into a National Opioid Settlement Agreement with Kroger Recommended Action: 1) Enter into the settlement agreement with Kroger and allocate the City’s portion of the settlement funds to the County of Los Angeles and direct the City Manager to execute any documents necessary to implement the action; and 2) Grant the City Manager authority to execute and enter into future agreements related to the nation-wide opioid settlements.

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

3. Approval of Minutes
Recommended Action: Approve the minutes for the May 28, 2024 Regular Meeting and May 28, 2024 Special Meeting.

Mayor Stewart opened the floor to public comment.

The Council discussed the item and directed questions to staff.

MOTION Councilmember Grisanti moved, and Councilmember Silverstein seconded a motion to approve the minutes for the May 28, 2024 Regular Meeting, as amended to correct the description of water tanks described by Norm Haynie, and May 28, 2024 Special Meeting. The motion carried unanimously.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. Amendments to the Malibu Local Coastal Program Sign Regulations Recommended Action: 1) Adopt Resolution No. 24-37 finding the proposed amendments exempt under the California Environmental Quality Act (CEQA), approving the California Coastal Commission (CCC) suggested modifications to Local Coastal Program Amendment (LCPA) No. 20-001, an amendment to the 14 Malibu City Council
Minutes of July 8, 2024

_________________________
Local Coastal Program (LCP) Land Use Plan (LUP) sign regulations, and repealing Resolution No. 21-16; 2) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 520, finding the proposed code amendments exempt under CEQA, approving the CCC suggested modifications to LCPA No. 20-001, an amendment to the LCP Local Implementation Plan (LIP) sign regulations, and repealing Ordinance No. 483; 3) Direct staff to schedule a second reading and adoption of Ordinance No. 520 for the August 12, 2024 Regular City Council meeting; and 4) Direct staff to submit the LCPA to the CCC for certification.

Planning Director Mollica and Contract Planner Smith presented the staff report.

The Council directed questions to staff.

Mayor Stewart opened the floor to public comment.

Speakers: Jeremy Talcott
As there were no other speakers present, Mayor Stewart returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

MOTION Councilmember Silverstein moved, and Councilmember Uhring seconded a motion to 1) adopt Resolution No. 24-37 finding the proposed amendments exempt under the California Environmental Quality Act (CEQA), approving the California Coastal Commission (CCC) suggested modifications to Local Coastal Program Amendment (LCPA) No. 20-001, an amendment to the Local Coastal Program (LCP) Land Use Plan (LUP) sign regulations, and repealing Resolution No. 21-16; 2) introduce on first reading Ordinance No. 520, finding the proposed code amendments exempt under CEQA, approving the CCC suggested modifications to LCPA No. 20-001, an amendment to the LCP Local Implementation Plan (LIP) sign regulations, and repealing Ordinance No. 483; 3) direct staff to schedule a second reading and adoption of Ordinance No. 520 for the August 12, 2024 Regular City Council meeting; and 4) direct staff to submit the LCPA to the CCC for certification.

Interim City Attorney Rusin read the title of the ordinance.

The question was called, and the motion carried unanimously.

ITEM 5 OLD BUSINESS
None.

ITEM 6 NEW BUSINESS
15 Malibu City Council
Minutes of July 8, 2024

_________________________
None.

ADJOURNMENT
Mayor Stewart adjourned the meeting at 9:27 p.m. in memory of Martin Okeke.

Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
DOUG STEWART, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
16 Attachment 2

MINUTES

MALIBU CITY COUNCIL

SPECIAL MEETING
JULY 22, 2024

COUNCIL CHAMBERS
1:00 P.M.

MEETING CALL TO ORDER
Mayor Pro Tem Riggins called the meeting to order at 1:01 p.m.

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

PRESENT: Mayor Doug Stewart (arrived at 1:30 p.m.); Mayor Pro Tem Marianne Riggins; and Councilmembers Paul Grisanti, Bruce Silverstein and Steve Uhring.

PLEDGE OF ALLEGIANCE
Councilmember Grisanti 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 July 19, 2024.

APPROVAL OF AGENDA
MOTION Councilmember Uhring moved, and Councilmember Grisanti seconded a motion to approve the agenda. The motion carried 4-0, Mayor Stewart absent.

PUBLIC COMMENT ON CLOSED SESSION
Mayor Pro Tem Riggins opened the floor to public comment.

Speakers: None

RECESS TO CLOSED SESSION
At 1:04 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 of Malibu v. Federal Aviation Administration, et al. (9th Cir. 2024) Case No. 24-2503
17 Malibu City Council
Minutes of July 22, 2024

_________________________

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 1:00 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 and Mayor Stewart joining at 1:30 p.m.

He stated the Council discussed the items on the Closed Session agenda and took no reportable action.

ADJOURNMENT
Mayor Stewart adjourned the meeting at 2:30p.m.

Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
DOUG STEWART, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
18

Agenda Item # 3.B.4.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Kate Manisco, Recreation Manager
Reviewed by: Kristin Riesgo, Community Services Director Approved by: Steve McClary, City Manager
Date prepared: August 18, 2024 Meeting date: September 9, 2024 Subject: Professional Services Agreement with California Skateparks RECOMMENDED ACTION: Authorize the Mayor to execute a sole source Professional Services Agreement with California Skateparks related to repairs of the Temporary Skate Park.

FISCAL IMPACT: Funding for the Agreement was included in the Adopted Budget for FY 2024-25 in the amount of $50,000 in Account No. 100-4005-5100-00 (Skate Park Professional Services).

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List. Staff continue to work on ongoing projects and normal business while the FY 2024-25 Strategic Priority Plan is finalized.

DISCUSSION: On August 21, 2019, Council approved using the Case property adjacent to Malibu Bluffs Park as the location for a Temporary Skate Park (TSP). In 2020, American Ramp Company completed the design services for the TSP, and California Skateparks completed the construction of the park on July 13, 2020.

The TSP Equipment Installation Project included constructing, furnishing, and installing skate park lumber framed equipment and structures, Skatelite pro riding surfaces, metal railings, platform and ramp framing, ramp panel assembly, transitions, decks, safety rails, metal work, footings, and foundations.

Following the TSP opening, staff has performed daily facility inspections and completed various repairs to the Skatelite surfaces, banisters, and railings, added galvanized steel to City Council Meeting
09-09-24
Item

3.B.4.
1

Agenda Item # 3.B.4.
the corners of the ledges and decks, and protective barriers to wood surfaces to increase the lifespan of the equipment. Due to the heavy use of the TSP and natural elements such as rain, salt, and moisture, some skate elements have reached a product lifespan.

In September 2023, California Skateparks improved the TSP skate bowl subsurface repairs by adding drains and moisture barriers and replacing damaged plywood and Skatelite. The proposed work is Phase 2 of maintenance repairs with the agreement (Attachment 1) involving the remaining street and transition features, fun box, and quarter ramp.

Since California Skateparks built the TSP, staff recommends a sole source agreement.

California Skateparks has inspected the site to provide staff with repair recommendations.

The firm has the original building specifications and will adjust the structure and installation methods to lengthen the product lifespan, such as adding weather-proofing solutions, which were not a part of the original design. If not repaired, the elements in the TSP would become a safety hazard, potentially causing the City to close the park before the opening of the Permanent Skate Park.

If approved, the repairs will begin in Fall 2024 and take two weeks to complete.

ATTACHMENTS: Professional Services Agreement with California Skateparks 2 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of September 9, 2024, by and between the City of Malibu (hereinafter referred to as the "City"), and California Skateparks, a California Corporation (hereinafter referred to as the "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 for maintenance repairs at Temporary Skate Park located at the Malibu Bluffs Park. The work shall be performed in accordance with the Scope of Work, attached hereto as Exhibit A and hereby incorporated herein by reference as if set forth verbatim herein.

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 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. 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 September 9, 2024 and will remain in effect for a period of one-hundred twenty (120) days from said date unless 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 proposal dated April 4, 2024. In no event shall the cost of the services exceed $50,000 for the term of the Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved in writing by the City Manager, or his or her designee. 







 
 

 





3 Attachment 1
Agreement for Professional Services
California Skateparks

4.1 The Consultant shall submit to the City, by no later than the 10th day of the conclusion of the project, its written bill for services itemizing the fees and costs incurred during the project.

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, with or 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. 







 
 

 





4 Agreement for Professional Services
California Skateparks

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, which the City may grant or deny in its sole and absolute discretion.

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

6.4 Insurance. The Consultant shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement:
(a) Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees.
(b) Comprehensive general and automobile liability insurance protecting the Consultant in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000. Each such policy of insurance shall:
1) Be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California or which is approved in writing by City. 2) Name and list as additional insured the City, its officers and employees.
3) Specify its acts as primary insurance.
4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days prior written notice to the City of such cancellation or material change."
5) Cover the operations of the Consultant pursuant to the terms of this Agreement.

6.5 Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful 







 
 

 





5 Agreement for Professional Services
California Skateparks

misconduct of the City. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

6.6 Compliance with Applicable Law. The Consultant and the City shall comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments, including, without limitation, Malibu Municipal Code Chapter 5.36 Minimum Wage.

6.7 Independent Contractor. This Agreement is by and between the City and the Consultant and is not intended, and shall not be construed, to create the relationship of agency, servant, employee, partnership, joint venture or association, as between the City and the Consultant.

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

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

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








 
 

 





6 Agreement for Professional Services
California Skateparks

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

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

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

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

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

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

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








 
 

 





7 Agreement for Professional Services
California Skateparks

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

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

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

TO CITY: Steve McClary TO
CONSULTANT:

Joseph Ciaglia, Jr.

City Manager President, CEO
City of Malibu California Skateparks
23825 Stuart Ranch Road 273 N. Benson Avenue
Malibu, CA 90265-4861 Upland, CA 91786
TEL (310) 456-2489 x 226 (800) 227-5283
FAX (310) 456-2760

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

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

7.1 Disclosure Required. By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission 







 
 

 





8 Agreement for Professional Services
California Skateparks

Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______

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

City Initials ______
Consultant Initials ______

8.0 PREVAILING WAGES:

8.1. Pursuant to Labor Code Section 1720 and 1771, and as specified in Title 8, California Code of Regulations, Section 16000 et seq., CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.

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

CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.

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

8.4. Labor Code Section 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:








 
 

 





9 Agreement for Professional Services
California Skateparks

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

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

This Agreement is executed on this ___________________, at Malibu, California, and effective as of September 9, 2024.

CITY OF MALIBU:
___________________________________
DOUG STEWART, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)








 
 

 





10 Agreement for Professional Services
California Skateparks

CONSULTANT:
_______________________________
By: JOSEPH CIAGLIA, JR.,
California Skateparks, President/CEO
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney








 
 

 





11

Exhibit A
Scope of Work
California Skateparks
Maintenance Repairs at the Malibu Bluffs Park, Temporary Skate Park The Contractor will be responsible for maintenance repairs at the Malibu Bluffs Park Temporary Skate Park located at 24250 Pacific Coast Highway, Malibu, California 90265 (referred to as “Premises”).
 The Contractor will complete repairs to the quarter ramp and transition area features (Attachment 1) located on the Premises including:
x Remove all Skatelite and metal edging
x Add one new layer of 3/4” PT plywood in flat areas
x Add two new layers of 3/8” PT plywood in transition areas over the top of existing plywood (excluding ledges, grind boxes, and hubbas)
x If the existing plywood has been compromised, Contractor will remove the plywood and replace the area with new plywood
x Add a layer of builders wrap, moisture barrier on all new plywood areas x Reapply existing Skatelite and replace broken sheets with new Skatelite sheets (not to exceed fifty new sheets)
x Reapply all metal edging including cutting and rewelding x Touch up paint matching existing color palette
 The Contractor will complete repairs using best management practices.  The Contractor will follow Skatelite best management practices during installation available in the videos at https://www.skatelite.com/resources.  The Contractor will provide a detailed repair schedule to Kate Manisco, Recreation Manager. Maintenance repairs may be scheduled from Monday through Friday, 8:00 AM to 6:00 PM.
 The City will close the Premises to the public while the Contractor is completing the repairs. The Contractor shall notify Kate Manisco, Recreation Manager, of any issues related to public use.
 The Contractor will contact City employees at the Malibu Bluffs Park office before vacating the Premises including breaks, lunch, and end of day. The Contractor will not leave the Premises open for unauthorized public access.  The Contractor will remove all tools, equipment, and debris from the Premises at the end of WKHSURMHFW








 
 

 





12 Agreement for Professional Services
California Skateparks

8. The Contractor will perform a final walk-through inspection with the Community Services Department Director or her designee within 48 hours of the completed project during regular business hours.

9. The Contractor agrees to abide by all terms and conditions of the Agreement, including city, state, and federal laws while performing the scope of work under the Agreement.

10. The Contractor will notify the City of Malibu Community Services Department of any issues or delay related to the work performed under this Agreement. 







 
 

 





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14 Proposal
California Skateparks | CSLB 962150 | caskateparks.com
DATE: April 4, 2024
TO: City of Malibu
Attn: Kate Manisco, Recreation Manager
23825 Stuart Ranch Road, Malibu, CA 90265

RE: Malibu Temporary Skatepark Repairs
California Skateparks (CSP) will supply materials, labor (prevailing wages), general liability insurance, workman’s compensation, licensing, and skatepark construction experience to provide the above referenced services. CSP will perform the additional scope of work outlined below for the temporary skatepark as follows:

PHASE 2 DESCRIPTION OF SERVICES
Remaining Street Features
x Remove Skatelite and metal edging as necessary.
x Add 1 new layer of 3/4” PT plywood in flat areas and 2 new layers of 3/8” PT plywood in transition areas over the top of existing plywood.
o Does not include any ledges, grind boxes or hubbas (these items do not need a new layer). x Add a layer of builders wrap, moisture barrier on all new plywood areas. x Reapply any existing Skatelite and replace any broken sheets with new Skatelite sheets. o Up to 50 sheets total (all phases)
x Reapply all metal as needed (cut and reweld).
x Touch up paint where needed.
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20

Agenda Item # 3.B.5.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Trevor Rusin, Interim City Attorney
Date prepared: August 16, 2024 Meeting date: September 9, 2024 Subject: Approve Amendment to Contract for Special Legal Services with Leech, Tishman, Fuscado & Lampl, Inc. to Provide for Representation of the City related to the Matter of City of Malibu v. Federal Aviation Administration related to Aviation Noise and Impacts Generated from Changes to Los Angeles International Airport Flight Paths RECOMMENDED ACTION: Authorize the City Manager to execute a fourth amendment to the Agreement for Legal Services with Leech, Tishman, Fuscado & Lampl, Inc. for representation of the City related to the matter of Malibu v. Federal Aviation Administration, No. 24-2503.

FISCAL IMPACT: No additional appropriation is required. This amendment adds $40,000 to an existing contract. Services will be provided at an hourly rate per the scope of work, not to exceed $148,000 without further authorization from the City. The existing contract, as amended is for a not-to-exceed amount of $108,000, the additional $40,000 would bring the total not to exceed amount to $148,000. There is sufficient funding for this amendment in the Adopted Budget for FY 2024–25.

DISCUSSION: On December 4, 2018, the City Council entered into an agreement for special legal services with Mr. Taber to address an increase in aviation noise experienced by City residents due to the implementation of new flight paths at Los Angeles International Airport (LAX) as part of the Federal Aviation Administration's (FAA) implementation of its "next generation" (NextGen) program. Challenging these flight paths and pursuing options to reduce the noise and impacts generated requires specialized knowledge and experience.

Attorney Steven Taber has spent the last five plus years working to get Malibu relief from the increased aviation noise and impacts caused by these routes. This has included investigating flight routes over Malibu and the impacts these routes have, filing Freedom of Information Act requests with the FAA for documents related to these issues, analyzing the environmental review undertaken by the FAA, monitoring and providing analysis on efforts by other jurisdictions challenging the FAA’s implementation of the City Council Meeting
09-09-24
Item

3.B.5.
1

Agenda Item # 3.B.5.

NextGen program at LAX, researching and drafting a petition for rulemaking request to the FAA, providing comments on the FAA’s Noise Policy Review, providing comments on the environmental review conducted for these revised routes, and filing a petition for review of the FAA’s actions when it declined to take action in response to the comments filed by the City. Taber has throughout this process kept the City and City Attorney’s Office updated on activity related to this issue.

After three LAX Arrivals Procedures were set aside by the Ninth Circuit in the case of L.A. v. FAA, the FAA was required to redesign and re-implement flight procedures that would replace the IRNMN, HUULL and RYDRR arrival procedures that currently cause a significant portion of the aircraft noise over Malibu. When the FAA published the draft Environmental Assessment for the new LAX flight procedures the City provided comments on the draft Environmental Assessment and related procedures.

Unfortunately the FAA did not make meaningful changes to these procedures after the Court’s order and issued a “Finding of No Significant Impact” (FONSI) and a Record of Decision (ROD). As a result the City filed a Petition for Review challenging the FAA’s decision.

This amendment will allow Mr. Taber to continue to advocate and represent the City in this process and seek relief for Malibu’s residents.

ATTACHMENTS: Amendment No. 4 to Agreement with Leech, Tishman, Fuscado & Lampl, Inc.
2 Attachment 1
AMENDMENT NO. 4
This fourth amendment (Third Amendment) is an amendment to the Agreement for Legal Services between the CITY OF MALIBU, a Municipal Corporation, (City) and Leech, Tishman, Fuscaldo & Lampl, Inc. (Firm) dated December 4, 2018 (the Agreement). This Amendment is made and entered into by the parties this 9th day of September, 2024.

R E C I T A L S
A. The City contracted with the Firm to provide special legal services pursuant to the terms of the Agreement.

B. On December 9, 2020, The Parties amended the Agreement to increase the total compensation by $15,000 (total not to exceed $65,000) in order for the Firm to complete the Petition for Rulemaking.

C. On October 25, 2021, the Parties amended the Agreement to increase the total compensation by $13,000 (total not to exceed $78,000) in order for the Firm to update the draft Petition for Rulemaking in light of then-recent litigation between the City of Los Angeles and the Federal Aviation Administration (FAA).

D. On September 25, 2023, the Parties amended the Agreement to increase the total compensation by $30,000 (total not to exceed $108,000) in order for the Firm to provide for the drafting and filing of comments seeking to reduce the impact of aviation noise generated from changes to Los Angeles International Airport flight paths.

E. The Parties now desire to amend the Agreement a fourth time to increase the total compensation by $40,000 (total not to exceed $148,000) in order for the Firm to perform additional work including, based on prior work and additional work performed by Firm, representing the City in its Petition for Review, entitled City of Malibu v Federal Aviation Administration no 24-2503, and related work advocating for the City on related issues.

NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained and in the Agreement amended hereby, the parties agree as follows:

1. Section 3.1 is amended to read in its entirety as follows:
“3. Compensation and Billing Procedures.

3.1 The City shall pay the Firm for its professional services rendered as specified by the Scope of Work at the rate of $475/hour for services performed by Steven M. Taber and $250/hour for services performed by Lisa Claxton or other attorneys of similar experience and skill, not to exceed $148,000. No 3 additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or designee.

2. The provisions of the Agreement not affected by this Third Amendment remain in full force and effect. This Third Amendment, together with the provisions of the Agreement as amended from time to time, that are unaffected by this Third Amendment, constitute the entire agreement between the parties.

IN WITNESS WHEREOF the parties have executed this Agreement on the ____ day of September, 2024.

CITY OF MALIBU
By_______________________
Steve McClary, City Manager
ATTEST:
_________________________
Kelsey Pettijohn, City Clerk
(Seal)
APPROVED AS TO FORM:

By_______________________
Trevor Rusin, Interim City Attorney
LEECH, TISHMAN, FUSCALDO & LAMPL, INC.

By_______________________
Steven Taber
4

Agenda Item # 4.A.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Joseph Smith, AICP, Contract Planner
Reviewed by: Maureen Tamuri, AIA, AICP, Interim Planning Director Approved by: Steve McClary, City Manager
Date prepared: August 21, 2024 Meeting date: September 9, 2024 Subject: Amendment to Malibu Municipal Code Chapter 17.68 (Temporary Use Permits)
RECOMMENDED ACTION: 1) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 522 (Attachment 1), adopting Zoning Text Amendment (ZTA) No. 21-005 amending Malibu Municipal Code (MMC) Chapter 17.68 to update regulations related to Temporary Use Permits (TUPs) and finding the action exempt from the California Environmental Quality Act (CEQA); and 2) Direct staff to schedule a public hearing and the second reading and adoption of Ordinance No. 522 for the September 23, 2024 Regular City Council meeting.

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

STRATEGIC PRIORITY: This item was not included in the Adopted FY 2023-24 Strategic Priority Project List. Staff continue to work on ongoing projects and normal business while the FY 2024-25 Strategic Priority Plan is finalized.

BACKGROUND: Codified as MMC Chapter 17.68, the City’s TUP process was originally incorporated by ordinance in 1999 and regulates temporary uses and events held on nonresidential properties. As defined in the proposed ordinance, temporary events held on residential properties are regulated separately by MMC Chapter 5.34 via Special Event Permits (SEPs). The proposed ordinance does not propose any amendments to the City’s SEP process.

As stated in MMC Section 17.68.010 (Purpose), a TUP “…is intended to allow for the short-term placement of activities, many of which would be prohibited as permanent placements, in temporary facilities, public or private buildings or open spaces, or outside City Council Meeting
09-09-24
Item

4.A.
1

Agenda Item # 4.A.
of buildings…” Since 1999, the City uses its TUP process to authorize temporary activities on nonresidential property.

City Council
During 2021, the City Council heard concerns raised by the public about the City’s TUP process, ambiguity in existing code provisions, and limitations with the allowances for temporary activities. In particular, the following topics characterize the nature of the concerns heard at that time:

1. That the code requires a relatively lengthy 35-day notice prior to the start of any temporary event and does not provide a mechanism to allow a shorter notice period for some types of events (such as “art, cultural, and educational events” held at locations designed to accommodate such events, such as in a public park) or when special circumstances exist limiting the ability to meet the 35-day requirement.

2. That the code has a “one size fits all” limit of six events per year per nonresidential property, regardless of the property type, size, zoning or event proposed.

3. That the code does not have a mechanism to authorize longer-term temporary activities, such as events that operate in a series (i.e., events that either span nonconsecutive days during a 14-day period or exceed a 14-day period). Examples of an event series include a weekend concert series during the summer evenings, weekend movie nights in the summer, and weekend holiday events where each weekend day could feature a different event. Examples of longer-term temporary uses are those typically associated with an approved development permit, such as temporary staging areas for construction or temporary real estate/rental offices.

In response to the concerns heard, on December 13, 2021, the City Council adopted Resolution No. 21-65 initiating an amendment to MMC Chapter 17.68 (TUPs). As part of the initiation, the City Council directed staff to define what would be considered a temporary event (particularly for a series of events), amend MMC Section 17.68.060(F) to clarify event timelines, and address the permitting process for art, cultural, and educational events in public spaces.

Additional Research & Goals
Subsequent to City Council’s initiation, staff identified the following portions of MMC Chapter 17.68 that often result in disputes and requests for relief from code language.

1. Definition of a Temporary Event: MMC Section 17.68.010 outlines “temporary events or uses” as short-term activities which would otherwise be prohibited as permanent placements in temporary facilities, public or private buildings, outside of 2

Agenda Item # 4.A.
buildings, or in open spaces. The code language requires a TUP for activities that involve any commercial component, such as charging an admission fee, valet parking or a shuttle service, facility rental, or public advertising. Staff has received numerous requests and complaints requesting clarification as to what types of events, proposed locations, and/or event components would trigger a TUP.

2. Duration of a Temporary Event: MMC Section 17.68.060(F) states that an event can last up to 14 consecutive days. Staff has received numerous requests for TUPs where an applicant proposes nonconsecutive events within 14 consecutive days under one application. Staff has also received TUP requests for multiple-day events that span beyond 14 nonconsecutive days, as well as TUP requests that are not events but uses that would operate more than the 14-day limitation (e.g., real estate/rental office associated with a development project, construction staging areas and/or construction parking, and temporary wireless facilities).

3. Community-Sponsored Art Events: MMC Section 17.68.040(G) states that art, cultural, and educational exhibits and displays require a TUP. However, the majority of art and cultural events take place within public areas of the City that are designed for such uses and often have less than 100 attendees, such as City parks.

In addition, since 2021, staff has presented the Council with fee waiver requests from groups that host these types of events. The basis for these requests is that the groups that sponsor these events are small non-profits and the cost of the TUP application and public notice materials often costs more than the events themselves. Further, public art, cultural or educational events that take place within public venues are generally considered a benefit to the community.

The Planning Department commenced the code amendment process and drafted various concepts for consideration. The following goals were used to develop the ordinance:

1. Identify code text for an amendment that would provide more clarity on the TUP process and requirements.

2. Enhance the public’s ability to review and provide input on certain types of proposed temporary activities.

3. Ensure the quality of life for City residents and the community at-large is protected.

4. Find resolution for the concerns raised in 2021 (e.g., definition and duration of temporary events and applicability of art, cultural, and educational events requiring a TUP in public spaces).
3

Agenda Item # 4.A.

The Planning Department facilitated five public meetings with the City Council’s Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES) and Planning Commission as follows.

ZORACES
The Planning Department presented concepts and draft language to ZORACES for review and recommendation to the Planning Commission. Public meetings were held with ZORACES on April 14, 2022, October 12, 2022, and November 10, 2022, where the ZORACES members discussed potential amendments to the TUP ordinance and provided feedback to incorporate into a draft ordinance. A summary of each meeting is provided as Attachment 3.

Planning Commission
The Planning Department presented a draft ordinance to the Planning Commission for review and recommendation to the City Council. Public meetings were held with the Planning Commission on March 20, 2023 and May 1, 2023, where the Planning Commission discussed revisions to the TUP ordinance and adopted Resolution No. 23-17 recommending that the City Council adopt the ZTA (Attachment 4).

A summary of the changes made to the draft ordinance in response to ZORACES’ and the Planning Commission’s deliberation is summarized in the Discussion section below.

Since the May 1, 2023 meeting, the Planning Department reviewed the draft ordinance in coordination with the City Attorney’s office. The proposed ordinance is a culmination of feedback and recommendations by ZORACES and the Planning Commission during multiple public meetings, and reviews by the Planning Department and the City Attorney’s office (Attachment 1).

DISCUSSION: The proposed ordinance is intended to improve the City’s handling of TUP requests, remove ambiguity from the code, and enhance the public’s ability to review temporary activities. By addressing issued raised by the public and the City Council in 2021, the proposed ordinance defines and describes the City’s allowances for temporary activities (and particularly a series of events), clarifies activity timelines, and addresses permitting for activities previously considered “art, cultural and educational events” in public spaces. This is achieved by restructuring the TUP process, introducing new provisions into the TUP chapter of the MMC (Chapter 17.68), and streamlining activities considered as de minimis (i.e., TUP exempt). The proposed ordinance incorporates feedback provided during three ZORACES and two Planning Commission meetings and carries forward the recommended text in Planning Commission Resolution No. 23-17 (Attachment 4), unless otherwise modified by the Planning Department in coordination with the City Attorney’s office.
4

Agenda Item # 4.A.

In response to the City Council’s direction in December 2021, two key components are introduced in the proposed ordinance as summarized below:

1. New TUP exemption for temporary activities previously considered “arts, cultural and educational events” when held on City-owned property. The proposed ordinance would include the following exemption – meaning that a TUP would not be required for any of the following activities regardless of being considered arts, cultural and educational events:

Events located on any City-owned parcels and parks (excluding properties leased to an outside vendor for more than one year), so long as both the number of anticipated daily attendees does not exceed one hundred (100) and an admission fee is not charged. Compliance with any underlying use restriction on the property shall be maintained. All other approvals, such as a facility use permit and required insurance, must be obtained prior to such use.

This exemption was crafted by extensive feedback provided through the ZORACES process which considered limiting the exemption to “arts, cultural and educational events” on select City sites under various parameters. The exemption was later modified to incorporate the Planning Commission’s feedback to broaden the exemption to “any City-owned parcels and parks” with protection criteria included such as making any City site with a commercial lease greater than one year not eligible for the exemption. The Planning Commission believed that City sites subject to a long-term lease operated differently than other City-owned parcels and parks and should be subject to additional scrutiny under the TUP ordinance. The concept was that City sites with a long-term commercial lease will have allowances/regulations associated with that lease for what can or cannot be done on the site. The Planning Commission believed that this would build in an extra layer of scrutiny for these types of sites in the event a temporary use or event was proposed triggering the need for a minor or major TUP.

Given the extent of publicly owned parcels in the City (i.e., properties outside of the City’s control), a higher degree of scrutiny was considered appropriate and would be applied in determining if a TUP would be required for an event. The other exemptions would still be available to events proposed on non-City owned sites.

The Planning Commission also deleted a limited exemption for “arts, cultural and educational exhibits and displays” in order to avoid singling out certain types of events and to remain content neutral. Note that by deleting this provision, it does not mean that these temporary activities would be prohibited. Rather, based on other provisions in the proposed TUP Chapter, these types of activities may be considered de minimis (i.e., TUP exempt) or may be subject to a Minor or Major TUP depending on the scope of the event.
5

Agenda Item # 4.A.

It is important to clarify that not all activities on City-owned parcels and parks may be eligible for the TUP exemption – only those that meet the criteria listed in the proposed exemption. For example, a temporary event would be exempt at these locations if both of the following would occur: 1) 100 or less attendees were anticipated; and 2) the event would not charge admission. However, a temporary event would be subject to a TUP at City-owned parcels and parks if it included either of the following: 1) anticipated more than 100 attendees (regardless if it charged admission); or 2) charged admission (regardless of the number of anticipated attendees).

Events on City-owned sites that would qualify for the exemption would still be subject to additional limitations and review such as the requirement to obtain a Cityissued Facility Use Permit and required insurance. The Facilities Use Permit is an administrative permit issued by City staff for use of City facilities. The Permit sets out various criteria regulating event parameters, fees/rates, hours, rules (including use restrictions on certain parks), insurance requirements, and other approvals as may be needed from Los Angeles County Environmental Health Department, Fire Department, etc.

2. Restructured TUP chapter to address activity timelines, enhanced public review, and events that operate as a series. This is accomplished by separating the current TUP process into two types of requests: 1) Minor TUPs (current City process); and 2) Major TUPs (new City process).

Major TUPs would be a new process added to the MMC. These types of major permits would require greater public scrutiny of certain activity types before an approval could be granted. This is because the Planning Commission (not the Planning Director) would be the decision-maker at a noticed public hearing.

Approval of Major TUPs would require specific findings to be made by the Planning Commission and all decisions would be appealable to the City Council.

During ZORACES’ review, the types of activities requiring a Major TUP was discussed. ZORACES suggested that a Major TUP should be required for any “large event” which was defined as any event where both 1,000 or more attendees would be anticipated and an admission fee would be charged. The Planning Commission concurred with ZORACES.

Major TUPs would also be required for longer-term activities including those that would extend beyond the MMC’s current limits of either: 1) 14-consecutive days; or 2) six events per parcel per year. For example, a Major TUP would be required for a proposed series of events or a temporary activity associated with an approved development project such as a contractors’ construction yard or real estate/rental 6

Agenda Item # 4.A.
office. In such cases, findings would need to be made by the Planning Commission before such uses could occur.

Minor TUPs would operate similar to the current TUP ordinance with staff-level review but would be limited to certain types of activities based on strict adherence to the criteria listed in the proposed ordinance. Similar to current to the current TUP process, Minor TUPs would be approved by the Planning Director and remain appealable to the Planning Commission (and ultimately the City Council).

Additional modifications to MMC Chapter 17.68 are also included in the proposed ordinance as follows:

3. A revised Purpose statement for MMC Chapter 17.68. The proposed Purpose statement reads:

A "temporary use" or “temporary event” shall mean any activity or land use of a temporary nature on nonresidential-zoned property that extends beyond what is expressly allowed by the applicable base zone in terms of use and development standards. The purpose of this Chapter is to establish a process to accommodate reasonable requests for approval of temporary uses for a limited period of time in locations where the proposed use may be desirable and appropriate due to the limited and short-term nature of the activity, and where the use would not otherwise be allowed within the applicable nonresidential base zone. The intent is to consider such requests on an individual basis to ensure that they will not be detrimental to the public health, safety, and general welfare; to surrounding neighborhoods; or to the community as a whole.

4. Updated application requirements, including requirements to describe if any alcohol service, food service, or amplified sound is planned with a temporary activity, as well as the activity’s proposed handling of traffic control and parking as applicable.

5. Increased the application submittal requirement for Minor TUPs from 35 days (current) to 45 days (proposed) prior to the proposed activity in order to allow two rounds of department reviews and account for public noticing timeframes before a decision is made on a Minor TUP. This provision includes an allowance for the Planning Director to reduce the submittal timeframe where it is demonstrated that special circumstances exist that would make it infeasible or impractical to comply with the 45-day requirement. Note that there are four timeframes associated with TUP processing:
a. Submittal Timeframe: Current code requires an applicant submit an application at least 35 days before the event would occur. The proposed ordinance would increase this timeframe to 45 days. This would apply to 7

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Minor and Major TUPs, although Major TUPs will generally take more time between application submittal and a Planning Commission hearing. b. Public Noticing Timeframe: Current code requires the City to issue a public notice at least 32 days before an event would occur. The Submittal Timeframe and Public Noticing Timeframe can run simultaneously but this is not always possible due to review cycles. The proposed ordinance would decrease the public noticing timeframe to 21 days consistent with other City notice requirements. This would apply to Minor and Major TUPs. c. Decision Timeframe: Current code requires the Planning Director issue a decision 24 days before an event would occur. Similar to above, the Submittal Timeframe, Public Noticing Timeframe, and Decision Timeframe can run simultaneously but this is not always possible due to review cycles. The proposed ordinance would decrease the Decision Timeframe to 14 days to better coincide with the Submittal Timeframe and Public Noticing Timeframes.

This would only apply to Minor TUPs.
d. Appeal Timeframe: Current code provides a three-day appeal period. The proposed ordinance maintains the three-day appeal period for Minor TUPs while increasing the appeal period to ten days for Major TUPs consistent with other City actions. Current code does not expressly require an event to wait until the end of the three-day appeal period before it may commence.

6. Adjusted public noticing timeframes from 32 days (current) to 21 days (proposed) to coincide with other City actions (including Planning Commission actions) on code amendments, variances, and conditional use permits (CUP) which also require a 21-day notice. This noticing period would apply to both Minor TUPs (prior to a decision being made) and Major TUPs (prior to a Planning Commission hearing).

During ZORACES review, it was recommended the City Council confirm whether or not it accepted reducing the TUP public noticing timeframe and if so, if it should be 21 days (to coincide with other City actions such as CUPs and variances) or 10 days (to coincide with other City actions such as CDPs).

7. Added findings to deny Minor and Major TUPs based on the following: 1) if the parcel has received two or more citations for violation of the City noise ordinance within a period of 12 consecutive months; and 2) if the parcel does not have any outstanding code enforcement violations, not including any violations subject to an active compliance agreement between the City and the property owner that addresses a resolution to the violation.

8. Added clarifying language that the temporary activity would be subject to all other City ordinances, as applicable. Even though City ordinances always apply to 8

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activities in the City, ZORACES/PC wanted to make it clear that all events are still subject to other City ordinances.

9. Adjusted appeal timeframes associated with Minor and Major TUPs. Due to shorter timeframes for activities generally subject to Minor TUPs, appeals for Minor TUPs would remain subject to current requirements that require an appeal be filed within three-business days of the TUP being approved by the Planning Director. Appeals on Minor TUPs would be subject to Planning Commission review.1 Major TUPs would follow the MMC’s requirements for other Planning Commission actions and would need to be filed within 10 days of being approved. Appeals on Major TUPs would be subject to City Council review.

10. Allowing electronic processing of TUP requests in lieu of paper processing.

Proposed Zoning Text Amendment and City Council Feedback Notes The proposed ordinance is an amendment to the MMC and does not include an amendment to the City’s Local Coastal Program (LCP). This is because MMC Chapter

17.68 is not a part of the LCP and the ordinance does not propose code amendments in conflict with LCP provisions, including what types of temporary activities (development) would be subject to a Coastal Development Permit (CDP). The proposed ordinance does not change the requirement for a CDP or CDP exemption as these determinations are based on the type of event and timeframe. Therefore, an LCP amendment was determined not to be required for ZTA No. 21-005.

A summary of the proposed changes to existing MMC Chapter 17.68 text is provided below. A clean version of the changes is included in Section 4 of the proposed ordinance (Attachment 1). For reference, a redlined version of the proposed text is provided as Attachment 2 where single strikethrough and underline indicate revisions made to existing MMC Chapter 17.68 during the ZORACES process on April 14, 2022, October 12, 2022, and November 10, 2022. Double strikethrough and underline indicate revisions made during the Planning Commission process on March 20, 2023 and May 1, 2023. Revisions made by the Planning Department, City Manager, and the City Attorney’s office following the Planning Commission meetings are reflected in hatched underline and single strikeout for deletions and hatched underline for additions.

In addition to the revisions, ZORACES and the Planning Commission requested certain notes and requests be provided to the City Council during its review of the proposed ZTA.

These are summarized below and marked with an “ ” symbol. 1 Decisions by the Planning Commission would still be appealable to the City Council. 9

Agenda Item # 4.A.

Summary of Changes to Existing MMC Chapter 17.68
MMC Section 17.68.010 (Purpose)

1. Updated the Purpose statement to clarify what constitutes a “temporary use or event” and how the Chapter is designed to allow such activities so long as the community is protected from negative impacts of such uses.

2. Relocated regulations currently sited in the Purpose statement (such as the number of annual events allowed) to the proposed Permit standards and Findings sections of the Chapter. This helps organize the process and requirements, and provides clarity to the public and TUP applicants.

3. Directly specifies that the zones covered by the Chapter are nonresidential (e.g., commercial, institutional, park open space, etc.) to clarify that a TUP is not available in residential zones.

4. Included language to emphasize the important of considering “surrounding neighborhoods” associated with the location of temporary uses/events.

MMC Section 17.68.020 (Application Filing)

1. Deleted this section due to redundancy with existing Section 17.68.030 (Application Submittal Requirements) which lays out the specific TUP application requirements in lieu of referencing to general application requirements described outside of the TUP Chapter in Sections 17.04.110 to 17.04.150. The existing reference to MMC Sections 17.04.110 to 17.04.150 was incorporated into the introduction language for the proposed Application Submittal Requirements section.

MMC Section 17.68.030 (Application Submittal Requirements) – Moved to 17.68.020

1. Renumbered this existing section as 17.68.020 due to the deletion of “Application Filing” noted above.

2. Included additional details to verify who an Applicant is (if an organization) and the principals involved.

3. Updated text to reflect the electronic filing of TUP applications.

4. Added provisions to verify if an activity includes live music or amplified sound, alcohol or food service, and how traffic and parking will be managed as applicable. 10

Agenda Item # 4.A.

5. Added clarification that the existing reference to “all agencies” (referring to the requirement to submit an Agency approval sheet with an application) are those agencies determined by the Planning Department to also have jurisdiction related to the activity. As such, the Planning Department requires early sign-off by these agencies to ensure the proposed activity is feasible prior to approving the temporary activity. These are described in a separate TUP checklist provided by the Planning Department and updated as needed.

6. Added an allowance that the Planning Director may waive the noticing requirements for certain types of Minor TUPs, such as events that would not include food service, alcohol service, or amplified sound. These are general parameters to be considered by the Planning Director but not exclusive.

7. Added a catch-all provision to allow for additional information requests by staff as needed in evaluating TUP applications.

Council Feedback Notes (Options for Future Council Action):
 Feedback 1:

The Planning Commission requested the City Council consider the following regarding TUP filing fees and staffing:
o Update the TUP fee to be commensurate with staff time spent processing TUPs.
o Provide a lower fee for Minor TUPs appeals than Major TUPs appeals. o Add an additional Planning staff position to help facilitate TUP processing.

MMC Section 17.68.030 (Temporary Uses Not Requiring Permit) – New Section

1. Added a new section to describe temporary activities considered “de minimis” and not requiring a TUP (i.e., TUP exempt). This list includes the “City-owned parcels and parks” exemption per the various parameters described above as well as other temporary activities noted below generally discussed by the Planning Commission as being de minimis.

2. Relocated the proposed “City-owned parcels and parks” exemption as recommended by ZORACES to this new MMC section (previous location considered was 17.68.040 (Temporary Uses Requiring Permit). Per the Planning Commission’s feedback, this language was also modified from specifically listing specific City-owned sites noted by ZORACES (i.e., Legacy Park, Malibu Bluffs Park, 11

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Trancas Canyon Park, and Malibu City Hall) and now reads as “City-owned parcels and parks.” Further clarification is provided that requires any underlying restriction on a City-owned parcel or park, such as a deed restriction, to be complied with and a provision that any City-owned parcel or park leased to a commercial operator for more than one year would not be eligible for the TUP exemption. All other approvals, such as the City’s Facility Use Permit and required insurance, would also be obtained prior to such use.

Council Feedback Notes (Informational Only; No Action Needed):
 Feedback 2:

Planning Commission discussed situations where a City-owned park or parcel could be leased to a commercial operator for more than one year and whether or not such location should be eligible for the proposed City parks and parcels exemption. A Straw Poll was taken resulting in a 5-0 vote to recommend that any City-owned parcel or park leased to a commercial operator for more than one year should not be eligible for the exemption. This is because the Planning Commission believed that City sites subject to a long-term lease operated differently than other City-owned parcels and parks and should be subject to additional scrutiny under the TUP ordinance.

3. Makes clear that activities allowed under a separate permit, such as a Conditional Use Permit (CUP) or a CDP, would not require a TUP so long as the activity is authorized in the active permit.

4. Added two additional TUP exemptions typical in other municipal codes: 1) Fundraising and commercial activities conducted on private property by a registered non-profit organization that primarily serves youth under the age of 18 and the total number of days per calendar year does not exceed seven per organization [note:
annual day allowance proposed for Malibu]; and 2) Non-commercial speech activity protected by the United States or California constitutions on public or private property, such as the distribution of political or religious materials, initiative/petition signings, voter registration drives, or other uses of protected conduct.

5. Added a TUP exemption for limited entertainment uses such as busking (e.g., guitar player in a commercial plaza) and included additional limiting language that the use must be “ancillary to other primary use(s)” and “an admission fee is not charged.”

6. Added a subsection to indicate compliance with MMC Titles 8 (Health and Safety) and 9 (Public Peace and Welfare) is mandatory even if the temporary activity is considered de minimis (i.e., TUP exempt). This subsection provides an enforcement 12

Agenda Item # 4.A.
mechanism to be used by staff in the event of a violation of City codes even for exempt activities.

MMC Section 17.68.040 (Temporary Uses Requiring Permit)

1. Relocated the proposed “City-owned parcels and parks” exemption to the new de minimis section described above since it is a proposed exemption.

2. Added clarifying language that events may be “consecutive” or “non-consecutive” within the required 14-day limit (i.e., the 14-day limit are the total number of days regardless if the event is back-to-back or spread out).

3. Added language to clarify that Minor TUP activities occurring on a site that is comprised of multiple parcels would be limited to the maximum allowed six events per year (cumulative) in lieu of each parcel comprising the site obtaining six events each. A Major TUP could be requested if a site desired to exceed the six-event limit.

4. Added clarifying language that the annual six-event limit and 60 cumulative day limitation would not apply to City-owned parcels and parks. This clarification was added because some activities on City-owned parcels and parks would require a Minor or Major TUP depending on the number of attendees, if admission would be charged, if the City site is under a long-term lease, and other criteria in the proposed ordinance.

5. Updated the existing provision regarding “indoor and outdoor entertainment and assembly events…when not held within premises designed to accommodate such events.” The second portion of this existing provision (i.e., “when not held within premises designed to accommodate such events”) was deleted due to confusion generated by the existing verbiage. The proposed ordinance clarifies that events listed in the section (i.e., weddings, fundraisers, retreats, fairs, festivals and concerts) could be requested under a Minor TUP or a Major TUP. As for a site that has an existing CUP, CDP, or other land use approval that allows certain types of activities, a clarification was added in the new de minimis section indicating that a separate TUP would not be required. For example, if a site had an active CUP that allowed for types of events such as movie screenings or concerts, and the proposed activity was within the scope of activities authorized by an active CUP, a TUP would not be required. However, if the proposed activity was not authorized by an active CUP or went beyond the scope of uses authorized by an active CUP, a TUP would be required (or other type of action such as an amendment to the land use approval to establish the activity permanently).

6. Deleted the existing provision specific to “Arts, cultural and educational exhibits and displays” in order to avoid singling out certain types of activities and to remain 13

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content neutral. Deleting this provision does not mean that these temporary activities would be prohibited. Rather, based on other provisions in the proposed TUP Chapter, these types of activities may be considered de minimis (i.e., TUP exempt) or activities subject to a Minor or Major TUP. Note that the proposed TUP Chapter still provides a catch-all provision under subsection (B)(7) that could be used to require a TUP when applicable.

7. Updated the provision regarding “temporary relocation of a permitted farmer’s market” by removing the limiting language on six events/60 consecutive days per the clarification made above in MMC Section 17.68.040 (Temporary Uses Requiring Permit). Further clarification was added to broaden “other approvals” as may be needed to provide a catch all for any other approvals needed (in lieu of specifically stating the requirement for a Facility Use Permit only).

8. Deleted two existing provisions from the list of uses subject to a Minor TUP that would have allowed “real estate sales and rental offices associated with approved development projects” and “On-site and/or off-site contractors’ construction yards associated with approved development projects.” This is because the City’s expectation is that if these types of temporary uses are needed, they should be included in an otherwise requested development permit approval (e.g., part of the CDP that authorized the development project). However, in the event these types of temporary uses were not associated with a CDP, they could be requested via a Major TUP due to their duration. If there was a situation where this type of use could result in an expansion of development beyond what was authorized by an active CDP, a CDP amendment may also be required.

9. Similar to the Purpose Statement update, included protective language under the catch-all provision to emphasize the importance of considering “surrounding neighborhoods” associated with the location of temporary activities.

Council Feedback Notes (Informational Only; No Action Needed):
 Feedback 3:

The Planning Commission discussed deleting the existing provision to allow “swap meets for no more than two consecutive days” with a TUP. Though the proposed ordinance does not amend any provisions of the LCP or is required to do so, the Planning Commission noted that “swap meets” are not a listed use in the City’s LCP Local Implementation Plan Use Tables. As such, removing this use from the TUP allowances was considered. A Straw Poll was taken resulting in a 3-2 vote recommending that the provision remain in the list of TUP uses. By keeping swap meet in the list of TUP uses, there would be no conflict with the LIP’s requirements for when a CDP may also be required for this type of 14

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temporary activity. Swap meets are considered Minor TUP activities so long as they do not exceed two consecutive days (current allowance).  Feedback 4:

The Planning Commission discussed that all Major TUPs should be advanced to the top of an agenda via an amended Planning Commission procedure (if the ordinance was adopted).
 Feedback 5:

The Planning Commission discussed reducing the attendee threshold amount that would trigger a Major TUP to a lower number, such as 750 attendees, where an admission fee is also charged. A Straw Poll was taken resulting in a 3-2 vote recommending that the threshold remain at 1,000 attendees as recommended by ZORACES, where an admission fee is also charged.
 Feedback 6:

The Planning Commission discussed requiring a Major TUP for any parcel within City limits intended to be used for temporary parking for an event held outside of City limits. The Planning Commission deliberated if a threshold should be used to trigger the Major TUP requirement, such as temporary parking for more than 100 or 350 cars. A Straw Poll was not taken by the Planning Commission nor was the requirement added to the proposed ordinance; however, the general consensus was that the Planning Director, under authority in the proposed ordinance, could make a determination if temporary parking associated with an event would be subject to a Minor or Major TUP and consider the number of vehicles anticipated in the determination.

MMC Section 17.68.050 (Required Permits and Public Notice)

1. Increased application submittal requirement for Minor TUPs from 35 days (existing) to 45 days (proposed) prior to the proposed activity in order to allow two rounds of City department reviews and account for public noticing timeframes before a decision is made on a Minor TUP.

2. Adjusted noticing timeframes from 32 days (existing) to 21 days (proposed) to coincide with other City actions (including Planning Commission and City Council actions) on code amendments, variances, and CUPs which also require a 21-day notice. This noticing period would apply to both Minor TUPs (prior to a decision being made) and Major TUPs (prior to a Planning Commission hearing). 15

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Council Feedback Notes (Council Action Requested):
 Feedback 7:

At the request of the Planning Department, ZORACES discussed whether to leave the public noticing timeframe for TUPs at 32 days prior to the temporary use or adjust the timeframe to be in line with other City notices at 21 or 10 days.

This was further discussed by the Planning Commission. Currently, the MMC requires a 32-day public notice prior to a temporary use, which is the longest noticing period for any City permit or planning-related actions including those reviewed by the Planning Commission and City Council (e.g., code amendments, variances, and CUPs). The City’s 10-day noticing period applies for certain development permits such as CDPs and site plan reviews (SPRs). Public feedback on the TUP process indicated that the 32-day noticing period is often difficult to comply with for some events—especially for smaller events, for situations where outside events impact compliance (e.g. sickness, emergency, or delays caused by other agencies), or for people unfamiliar with the City’s requirements.

In order to align the TUP noticing timeframe with other Planning Commission and City Council actions, the proposed ordinance adjusts the noticing timeframe for Minor and Major TUPs to 21 days. This is reflected in Planning Commission Resolution No. 23-17; however, the Planning Commission requested the City Council review the proposed change to the public noticing timeframe. If the City Council desires to provide further assistance to events triggering a Minor TUP, an alternate revision to the proposed ordinance could shorten Minor TUPs to 10 days (consistent with other City permits such as CDPs and SPRs) and keep Major TUPs at 21 days (consistent with code amendments, variances and CUPs). The Council could also provide a procedure for relief from the noticing requirements if particular findings are made.

Council Requested Actions:
a) Concur with the Planning Commission that Minor and Major TUP noticing should be reduced to 21 days (to coincide with CUPs, variances, and code amendments). If Council disagrees with reducing the noticing timeframe, Council should indicate that it will require all TUP noticing to remain at 32 days per current code.
b) Consider if Minor TUP noticing should be further reduced (e.g., to 10 days to coincide with CDPs and SPRs). From staff’s experience with activities that would qualify as a Minor TUP, this reduction would provide some additional relief to assist with event scheduling and promote TUP application filings. 16

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c) Consider allowing a procedure for an applicant to request relief from the noticing requirements for Minor and Major TUPs if particular findings were made (e.g., where it is demonstrated that special circumstances exist that would make it infeasible or impractical to comply with the 21- or 10-day public noticing requirement).

3. Updated the timeframe for a Planning Director’s decision on a Minor TUP from 24 days (existing) to 14 days (proposed) prior to the proposed activity in order to coincide with the proposed public noticing timeframe noted above.

4. Clarified that Major TUP requests shall follow the same standard noticing requirements of MMC sections 17.04.160 through 17.04.230.

MMC Section 17.68.060 (Findings)

1. Clarified Findings (A)(6) and (7) for Minor TUPs to update verbiage to “City-owned parcels and parks” and to clarify that the six events and 60 calendar day limitations would not apply to City-owned parcels and parks.

2. Added new Findings to be made by the Planning Director for Minor TUPs and Planning Commission for Major TUPs. These include updated code compliance findings to ensure that a parcel involved in a TUP request: 1) has not received two or more citations for violations of the City’s noise ordinance within a period of 12 consecutive months; and 2) does not have any outstanding code enforcement violations, not including any violations subject to an active compliance agreement between the City and the property owner that addresses a resolution to the violation.

Note that these findings were amended after the Planning Commission’s consideration of the proposed ordinance due to challenges with implementing the language as recommended by the Planning Commission: 1) that a site would not have any Municipal Code violation(s) on-file with City within the preceding twelve (12) months nor a history of habitual and intentional Municipal Code violations; and 2) that no complaints are on file with the City prosecutor’s office in addition to the Los Angeles County district attorney’s office.

MMC Section 17.68.070 (Conditions of Approval)

1. Included minor clean-up and included a specific reference to the general plan circulation and infrastructure element for existing condition of approval “O”. 17

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MMC Section 17.68.080 (Appeals and Revocation)

1. Adjusted appeal timeframes associated with Minor and Major TUPs. Due to shorter timeframes for events generally subject to Minor TUPs, appeals for Minor TUPs mirror current TUP requirements wherein appeals must be filed within threebusiness days after approval. Appeals on Minor TUPs would be subject to Planning Commission review (and subsequently appealable to the City Council). Major TUPs would follow the MMC’s requirements for other Planning Commission actions and must be appealed within 10 days of approval. Appeals on Major TUPs would be subject to City Council review.

Council Feedback Notes (Council Action Requested):
 Feedback 8:

Planning Commission Resolution No. 23-17 reflects that appeals for Minor TUPs must be filed within three days of the Planning Director’s decision, which is consistent with the current TUP code; however, the Planning Commission requested the City Council review the timeframe and indicate if it is an appropriate amount of time for Minor TUPs.

Council Requested Action:
1) Concur with the Planning Commission that the appeal filing timeframe for Minor TUPs must be made within three days following the Planning Director’s decision (consistent with current TUP code) or increase to 10 days similar to Major TUPs. Increasing the Minor TUP appeal timeframe could result in event scheduling constraints and discourage TUP application filings.

ENVIRONMENTAL IMPACT: Pursuant to CEQA, the proposed ZTA has been analyzed and determined to be Categorically Exempt pursuant to CEQA Guidelines Section 15304(e) (Class 4 – Minor Alterations to Land). This is appropriate for the proposed ZTA because temporary uses and events that would be exempt from a TUP would have negligible or no permanent effects on the environment due to the limitations and requirements included in the ZTA. It is further determined that none of the six exceptions to the use of a categorical exemption apply to this action (CEQA Guidelines Section 15300.2).

Pursuant to CEQA Guidelines 15061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed ZTA would update the City’s TUP requirements in the MMC, including eligibility and process criteria for TUPs, limitations and requirements. Any activity and/or project developed as a result of ZTA 18

Agenda Item # 4.A.
action that requires the City’s discretionary approval, such as issuance of a TUP or other permit will be analyzed in accordance with CEQA prior to such approval. The ZTA in no way limits the exercise of the City’s sole and absolute discretion. As such, the ZTA is not found to have a significant effect on the environment.

CORRESPONDENCE: Written correspondence received during the ZORACES and Planning Commission meetings is compiled as Attachment 5. No additional correspondence has been submitted to-date.

PUBLIC NOTICE: Pursuant to MMC Section 17.74.040, the minimum length of time for public notice for a zoning text amendment shall be twenty-one (21) days prior to the hearing. On August 15, 2024, a Notice of Public Hearing was published in a newspaper of general circulation within the City of Malibu and mailed to all interested parties (Attachment 6).

ATTACHMENTS:

1. Ordinance No. 522

2. Redline Version of MMC Chapter 17.68

3. ZORACES Meeting Summary

4. Planning Commission Resolution No. 23-17

5. Correspondence Received

6. Public Hearing Notice
19 Attachment 1
ORDINANCE NO. 522

AN ORDINANCE OF THE CITY OF MALIBU UPDATING REGULATIONS

RELATED TO TEMPORARY USE PERMITS BY AMENDING MALIBU
MUNICIPAL CODE CHAPTER 17.68 (TEMPORARY USE PERMITS) AND

FINDING THE ACTION EXEMPT FROM THE CALIFORNIA

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

SECTION 1. Recitals.

A. On December 13, 2021, the City Council adopted Resolution No. 21-65 to: 1) initiate Zoning Text Amendment (ZTA) No. 21-005, to update the City’s Temporary Use Permit (TUP) regulations, define what is considered a temporary event (particularly for a series of events), to amend Malibu Municipal Code (MMC) Section 17.68.060(F) to clarify event timelines, and to address the permitting process for art, cultural, and educational events in public spaces; and 2) direct the Planning Commission to schedule a public hearing regarding the ZTA and provide a recommendation to the Council whether to approve, modify, or reject the amendment.

B. On April 14, 2022, the Zoning Ordinance Revision and Code Enforcement Subcommittee (ZORACES) met to discuss the proposed amendments to the MMC and provided feedback for staff to incorporate into a draft ordinance.

C. On October 12, 2022, ZORACES met to discuss two versions of a draft ordinance and provided feedback for staff to incorporate into a draft ordinance.

D. On November 10, 2022, ZORACES met to provide further discussion on concepts to include in a draft ordinance and recommended the item be presented to the Planning Commission.

E. On February 23, 2023, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and mailed to interested parties.

F. On March 20, 2023, the Planning Commission held a duly noticed public hearing on the proposed TUP amendments in ZTA No. 21-005, reviewed and considered the agenda report, reviewed and considered written reports, public testimony, and other information on the record.

The Planning Commission provided direction to staff and requested additional revisions to the draft ordinance. The subject ZTA was continued date certain to the May 1, 2023 Regular Planning Commission meeting.

G. On May 1, 2023, the Planning Commission held a public hearing on the proposed TUP amendments in ZTA No. 21-005, reviewed and considered the agenda report, reviewed and considered written reports, public testimony, and other information on the record, and adopted Planning Commission Resolution No. 23-17, recommending the City Council adopt ZTA No. 21- 005.
20 Ordinance No. 522

__________________
H. On August 15, 2024 a Notice of City Council Public Hearing was published in a newspaper of general circulation within the City of Malibu indicating that the City Council would hold a public hearing on September 9, 2024, and such notice was mailed to interested parties.

I. On September 9, 2024, the City Council held a duly noticed public hearing and introduced on first reading the proposed Ordinance, reviewed and considered written reports, public testimony, and related information.

SECTION 2. Environmental Review.

Pursuant to the California Environmental Quality Act (CEQA), the adoption of Ordinance No. 522 was analyzed and determined to be Categorically Exempt pursuant to CEQA Guidelines Section 15304(e) (Class 4 – Minor Alterations to Land). This is appropriate for the Ordinance because temporary uses and events that would be exempt from a TUP would have negligible or no permanent effects on the environment due to the limitations and requirements included in the Ordinance. It is further determined that none of the six exceptions to the use of a categorical exemption apply to this action (CEQA Guidelines Section 15300.2).

Pursuant to CEQA Guidelines 15061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Ordinance No. 522 updates the City’s TUP requirements in the MMC, including eligibility and process criteria for TUPs, limitations and requirements. Any activity and/or project developed as a result of this Ordinance adoption that requires the City’s discretionary approval, such as issuance of a TUP or other permit will be analyzed in accordance with CEQA prior to such approval. This Ordinance in no way limits the exercise of the City’s sole and absolute discretion. As such, the City Council hereby finds that this Ordinance would not have a significant effect on the environment.

SECTION 3. Findings for Malibu Municipal Code Amendment.

Pursuant to MMC Section 17.74.040, the City Council hereby makes the following findings:

A. The subject zoning text amendment is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The proposed amendment serves to enhance the Malibu General Plan Mission Statement, protect public safety and preserve Malibu’s natural and cultural resources.

B. The City Council held a public hearing, reviewed the subject zoning text amendment application for compliance with the City of Malibu General Plan and Malibu Municipal Code, and finds that the zoning text amendment is consistent and recommends approval. 21 Ordinance No. 522

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SECTION 4. Amendments.

Based on the evidence in the record, the City Council hereby approves ZTA No. 21-005 as follows:

A. That MMC Section 17.68.010 (Purpose) be amended to read as follows:

A "temporary use" or “temporary event” shall mean any activity or land use of a temporary nature on nonresidential-zoned property that extends beyond what is expressly allowed by the applicable base zone in terms of use and development standards. The purpose of this Chapter is to establish a process to accommodate reasonable requests for approval of temporary uses for a limited period of time in locations where the proposed use may be desirable and appropriate due to the limited and short-term nature of the activity, and where the use would not otherwise be allowed within the applicable nonresidential base zone. The intent is to consider such requests on an individual basis to ensure that they will not be detrimental to the public health, safety, and general welfare; to surrounding properties; or to the community as a whole.

B. That MMC Section 17.68.020 (Application filing) be deleted in its entirety.

C. That MMC Section 17.68.030 (Application submittal requirements) be renumbered and amended to read as follows:

17.68.020 Application submittal requirements.

Application for a temporary use permit shall be filed according to Sections

17.04.110 through 17.04.150 and include the following:

A. Uniform application, signed by both applicant and landowner, including organization(s) and principals within the organization applying for the temporary use permit;
B. Filing fee;
C. Site plan including the dimensions of the lot, location of all temporary structures, access onto the site, and parking areas;
D. A written description detailing the type and nature of the temporary use requested and the dates and hours of operation of the temporary use, including if any alcohol or food service, live music or amplified sound planned for the event. In addition, provide information on how noise, garbage, sanitation, dust, traffic, parking, etc., are going to be mitigated;
E. Agency approval sheet, signed by all agencies as determined by the planning director;
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F. Proof of liability insurance for the subject property; G. Indemnification/hold harmless agreement;
H. Public notice property owner and occupant mailing labels for properties within a five hundred (500) foot radius of the subject property; however, public noticing may be waived by the planning director for certain types of minor TUPs, such as events that would not include food service, alcohol service, or amplified sound; and I. Any additional information as may be required by the planning director to help evaluate the request for temporary use permit.

D. That the following new section be added as MMC Section 17.68.030:

17.68.030 Temporary uses not requiring permit.

A. Due to their limited nature and activity, the following temporary uses are considered de minimis and shall not require a temporary use permit:

1. Events located on any City-owned parcels and parks (excluding properties leased to an outside vendor for more than one year), so long as both the number of anticipated daily attendees does not exceed one hundred (100) and an admission fee is not charged. Compliance with any underlying use restriction on the property shall be maintained. All other approvals, such as a facility use permit and required insurance, must be obtained prior to such use;

2. Public events and/or private events on public or private property when conducted in compliance with a City-issued permit, such as a conditional use permit or other land use approvals authorizing such use;

3. Fundraising and commercial activities conducted on private property by a registered non-profit organization that primarily serves youth under the age of eighteen (18) and the total number of days per calendar year does not exceed seven (7) per organization;

4. Entertainment performances conducted on private property, such as busking or other uses of similar conduct, so long as the performance is conducted ancillary to other primary use(s) on the parcel and an admission fee is not charged; and

5. Non-commercial speech activity protected by the United States or California constitutions on public or private property, such as the distribution of political or religious materials, initiative/petition signings, voter registration drives, or other uses of protected conduct.
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B. All temporary uses shall be conducted in compliance with the relevant sections of Title 8 (Health and Safety) and Title 9 (Public Peace and Welfare) of this Code.

E. That MMC Section 17.68.040 (Temporary uses requiring permit) be amended to read as follows:

A. Minor temporary use permits are limited to six (6) events per parcel, or contiguous parcels when under common ownership sharing a related use, of land per calendar year in all zoning districts, except residential zones which are subject to special event permit regulations per Chapter 5.34. Minor temporary use permits are limited to no more than fourteen (14) consecutive days per event and shall not exceed more than sixty (60) cumulative days of events per parcel per calendar year. Events may occur on consecutive or non-consecutive days within the fourteen (14) day limitation. City-owned parcels and parks (excluding properties leased to an outside vendor for mor than one year) shall not be subject to the six (6) event and sixty (60) cumulative day limitations as noted herein.

B. A minor temporary use permit may be issued by the planning director for the following uses:

1. Lots used for seasonal activities such as Christmas tree and pumpkin sales; however, such activity may extend beyond the fourteen (14) day maximum per Section

17.68.040.B but shall be limited to thirty (30) consecutive calendar days;

2. Special events related to an existing business with temporary outdoor display/sales of merchandise in any commercial zone provided that the displayed merchandise is customarily sold on the premises and that such premises are utilized for a permanently established business;

3. Indoor and outdoor entertainment and assembly events including but not limited to weddings, fund-raisers, retreats, fairs, festivals and concerts;

4. Swap meets for no more than two consecutive days;

5. Outdoor sporting events;

6. Temporary relocation of a permitted farmer’s market to a publicly owned park located within 350 feet of the permitted location so long as such use does not exceed one day per week. Any approvals for this use shall be good for six (6) months.

All other approvals, such as a facility use permit, must be obtained prior to such use; and

7. Other temporary uses which, in the opinion of the director, are compatible with the zone and surrounding land uses.
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C. A major temporary use permit may be issued by the planning commission for the following uses:

1. A large event where both one thousand (1,000) or more attendees are anticipated for the duration of the event and an admission fee is charged;

2. An event that will extend beyond fourteen (14) consecutive days, or beyond thirty (30) days for a seasonal event, unless otherwise permitted, such as events that operate as a series or other activities that demonstrate a need for greater duration;

3. Any additional event(s) on a parcel that has reached the maximum number of days and/or events per year as otherwise required, including cumulative events (60 days) and/or the maximum number of minor temporary use permits per calendar year (six events per parcel in all zoning districts except residential and located at City-owned parcels and parks (excluding properties leased to an outside vendor for more than one year)) so long as the number of anticipated daily attendees does not exceed one hundred (100) and an admission fee is not charged);

4. Circuses and carnivals; and

5. Other temporary uses which, in the opinion of the director, required enhanced review by the public and planning commission to ensure that the events will not be detrimental to the public health, safety, and general welfare; to surrounding neighborhoods; or to the community as a whole.

F. That MMC Section 17.68.050 (Required permits and public notice) be amended to read as follows:

A temporary use permit approved by the planning director or planning commission shall be required for all uses listed in this chapter, and shall be issued prior to commencement of the use.

A. A public hearing shall not be required for the issuance of a minor temporary use permit; however, an application shall be filed and public notice of the proposed event shall be provided as follows:

1. Application for minor temporary use permit shall be filed with the planning department forty-five (45) days prior to the proposed use; however, the filing timeframe for minor TUPs may be reduced by the planning director where it is demonstrated that special circumstances exist affecting the temporary activity that makes it infeasible or impractical to comply with the strict application of the filing timeframe requirement.

2. A notice shall be mailed, postage pre-paid, to any organization or homeowners associations that requests such notice in writing and to all property owners and tenants within a five hundred (500) foot radius of the subject property, and in no 25 Ordinance No. 522

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event less than ten (10) developed properties, unless otherwise waived by the planning director for certain types of minor TUPs pursuant to Section 17.68.020(H).

3. The public notice shall state the nature of the request, location and zoning designation of the property, name of the applicant, and the time and place of the proposed temporary use.

4. Public notices shall be mailed not less than twenty-one (21) days prior to the proposed event.

5. The planning director shall render a decision fourteen (14) days prior to the proposed event.

B. A public hearing shall be required for a major temporary use permit and notice of such hearing given in a manner consistent with the requirements contained in Sections

17.04.160 through 17.04.230.

G. That MMC Section 17.68.060 (Findings) be amended to read as follows:

A. The director may approve a minor temporary use permit application; provided, that all of the following findings of fact are made:

1. That the operation of the requested use at the location proposed and within the time period specified is compatible with the surrounding neighborhood uses;

2. That the proposed site is adequate in size and shape to accommodate the temporary use;

3. That the proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use will or could reasonably generate;

4. That adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations acceptable to the planning director;

5. That the proposed use will not jeopardize the public peace, safety or general welfare, or be injurious or detrimental to properties adjacent to; or in the vicinity of, the proposed location of the activity;

6. That no more than six (6) events in the calendar year have occurred on the parcel, with exception for City-owned parcels and parks (excluding properties leased to an outside vendor for more than one year);
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7. That the duration of the event does not exceed a total of fourteen (14) calendar days, or thirty (30) days for a seasonal activity event, and that the proposed site has not been used for temporary uses for more than sixty (60) calendar days within any one (1) calendar year, with exception for City-owned parcels and parks (excluding properties leased to an outside vendor for more than one year) that are not subject to the sixty (60) day limitation;

8. That the proposed parcel has not received two or more citations for violations of the City’s noise ordinance within a period of twelve (12) consecutive months;

9. That the proposed parcel does not have any outstanding code enforcement violations, not including any violations subject to an active compliance agreement between the city and the property owner that addresses a resolution to the violation; and

10. That the proposed use shall be in compliance with all City ordinances, as applicable.

B. The planning commission may approve a major temporary use permit application provided that all of the following findings of fact are made:

1. That the operation of the requested use at the location proposed and within the time period specified is compatible with the surrounding neighborhood uses;

2. That the proposed site is adequate in size and shape to accommodate the temporary use;

3. That the proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use will or could reasonably generate;

4. That adequate temporary parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations acceptable to the Planning Commission;

5. That the proposed use will not jeopardize the public peace, safety or general welfare, or be injurious or detrimental to properties adjacent to; or in the vicinity of, the proposed location of the activity;

6. That the proposed parcel has not received two or more citations for violations of the City’s noise ordinance within a period of 12 consecutive months;

7. That the proposed parcel does not have any outstanding code enforcement violations, not including any violations subject to an active compliance agreement 27 Ordinance No. 522