Cities Index.
Agenda packet, first session

Malibu City Council
January 22, 2024

Document
Agenda packet, first session
Meeting
January 22, 2024
Body
Malibu City Council
Pages
273
Original file
27.5 MB
Text extracted from the city's file for reading and search. Open the original on www.malibucity.org. That file is the official record.

Amended Agenda
CC240122_AMENDED_AGENDA_.PDF
Item 3B2
Approve Warrants
CC240122_ITEM 3B2.PDF
Item 3B3
Approval of Minutes
CC240122_ITEM 3B3.PDF
Item 3B4
Amendment to Professional Services Agreement with California Skateparks CC240122_ITEM 3B4.PDF
Item 3B5
Hazard Tree Removal and Fuel Reduction Grant Acceptance CC240122_ITEM 3B5.PDF
Item 3B6
Purchase of Beach Team Equipment
CC240122_ITEM 3B6.PDF
Item 3B7
Los Angeles County Measure R Transportation Funding Agreement Amendment CC240122_ITEM 3B7.PDF
Item 3B8
Bluff’s Park South Walkway Repair Project

1. Documents:

2. Documents:

3. Documents:

4. Documents:

5. Documents:

6. Documents:

7. Documents:

8. CC240122_ITEM 3B7.PDF
Item 3B8
Bluff’s Park South Walkway Repair Project
CC240122_ITEM 3B8.PDF
Item 3B9
Amendment to Professional Services Agreement with CJ Biomonitoring, LLC for Biological Review Consulting Services
CC240122_ITEM 3B9.PDF
Item 3B10
Investment Report for the Month Ending December 31, 2023 CC240122_ITEM 3B10.PDF
Item 4A
Exterior Elevated Elements (E3) Ordinance
CC240122_ITEM 4A.PDF
Item 6A
Pacific Coast Highway Safety Review
CC240122_ITEM 6A.PDF
Item 6B
Reorganization of City Council Agenda Format for Regular City Council Meetings (Continued from January 8, 2024)
CC240122_ITEM 6B.PDF
Item 6C
School Safety Assessment
CC240122ITEM 6CPDF
Documents:

8. Documents:

9. Documents:

10. Documents:

11. Documents:

12. Documents:

13. Documents:

14. Documents:

Item 6C
School Safety Assessment
CC240122_ITEM 6C.PDF
Item 6D
Wireless Local Coastal Program Amendment Coastal Commission Staff Comments CC240122_ITEM 6D.PDF
CC240122_ITEM 6D SUPPLEMENTAL.PDF
Item 6E
Formula Retail Clearance Process
CC240122_ITEM 6E.PDF
Item 6F
Agreement with California Highway Patrol
CC240122_ITEM 6F.PDF
Item 7A
Designation of Voting Delegate and Alternate Voting Delegate(s) for the 2024 Southern California Association of Governments (SCAG) Annual Regional Conference and General Assembly
CC240122_ITEM 7A.PDF

14. Documents:

15. Documents:

16. Documents:

17. Documents:

18. 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, January 22, 2024
6:30 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/87538104801
Six-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Report on Posting of Agenda – January 12, 2024; Amended Agenda posted January 18, 2024 Approval of Agenda
1 See the addition of New Business Item No. 6.F.

AMENDED City Council Regular Meeting Agenda Page - 2 - January 22, 2024

1. Ceremonial/Presentations
A. Presentation of City Tile to Kelsey Pettijohn for Seven Years of Service to the City of Malibu

6. New Business
A. Pacific Coast Highway Safety Review
Recommended Action: Receive and file the January 2024 Pacific Coast Highway Safety Report and provide direction to explore traffic calming measurers pursuant to the Declaration of Emergency.

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

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

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

3. Consent Calendar

A. Previously Discussed Items
None.

B. New Items

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

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

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 71202-71299 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. 739 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $826,373.49. City of Malibu payroll check number 5396-5398 and ACH deposits were issued in the amount of $975,423.03.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224 AMENDED City Council Regular Meeting Agenda Page - 3 - January 22, 2024

3. Approval of Minutes
Recommended Action: Approve the minutes for the June 12, 2023 Malibu City Council Regular meeting, June 21, 2023 Malibu City Council Special meeting, and June 26, 2023 Malibu City Council Regular meeting.

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

4. Amendment to Professional Services Agreement with California Skateparks Recommended Action: 1) Authorize the Mayor to execute Amendment No. 3 to the Professional Services Agreement with California Skateparks in the amount of $68,400, 2) Appropriate $68,400 from the Designated Reserve for the Case/Crummer Parcel to Account Number 310-9090-5100-00 (CIP – Skate Park).

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

5. Hazard Tree Removal and Fuel Reduction Grant Acceptance Recommended Action: 1) Authorize the Mayor to enter into a grant agreement with the Santa Monica Mountains Conservancy (SMMC) for the continuation of grant funds for fire prevention and resiliency projects; and 2) Authorize the Mayor to execute Amendment No. 2 to the Agreement with Newbury Park Tree Services through December 31, 2024, or until grant services are completed.

Staff Contact: Public Safety Director Dueñas, 456-2489, ext. 313

6. Purchase of Beach Team Equipment
Recommended Action: Authorize the purchase of five all-terrain vehicles for use by the Los Angeles County Sheriff’s Department Beach Team.

Staff Contact: Public Safety Director Dueñas, 456-2489, ext. 313

7. Los Angeles County Measure R Transportation Funding Agreement Amendment Recommended Action: Authorize the Mayor to execute Amendment No. 3 to Measure R Funding Agreement extending a portion of the project funding lapse date to June 30, 2024 for the Pacific Coast Highway (PCH) Signal Synchronization Project.

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

8. Bluff’s Park South Walkway Repair Project
Recommended Action: 1) Authorize the Mayor to execute a construction contract with Ardalan Construction Company, Inc. in the amount of $132,900 for the Bluff’s Park South Walkway Repair Project, Specification No. 2106; 2) Authorize the Public Works Director to approve any potential change orders up to 15% of the contract amount; and 3) Appropriate $50,800 in Account No. 310-9097-5100 (Malibu Bluff’s Park South Walkway).

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339 AMENDED City Council Regular Meeting Agenda Page - 4 - January 22, 2024

9. Amendment to Professional Services Agreement with CJ Biomonitoring, LLC for Biological Review Consulting Services
Recommended Action: Authorize the Mayor to execute Amendment No. 2 to Agreement with CJ Biomonitoring, LLC. extending the term of agreement.

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

10. Investment Report for the Month Ending December 31, 2023 Recommended Action: Receive the Investment Report for the month ending December 31, 2023.

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

4. Ordinances and Public Hearings
A. Exterior Elevated Elements (E3) Ordinance
Recommended Action: Continue this item to the February 12, 2024 Regular City Council meeting.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229

5. Old Business
None.

6. New Business (Continued)
B. Reorganization of City Council Agenda Format for Regular City Council Meetings (Continued from January 8, 2024)
Recommended Action: 1) Adopt Resolution No. 23-53 superseding and replacing Resolution No. 99-007 and Section 1 (VI)(A) of Resolution No. 98-083 to establish the start time and format for Regular City Council Meetings, 2) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 514 amending Malibu Municipal Code Section 2.08.010 and determining the start time of regular City Council meetings shall be set by resolution, and 3) Direct staff to schedule second reading and adoption of Ordinance No. 514 for the January 22, 2024 City Council Regular meeting.

Staff Contact: Deputy City Manager Brown, 456-2489, ext. 300 C. School Safety Assessment
Recommended Action: 1) Receive a report on the School Safety Assessment; and 2) Provide direction to staff as appropriate.

Staff Contact: Public Safety Director Dueñas, 456-2489, ext. 313

AMENDED City Council Regular Meeting Agenda Page - 5 - January 22, 2024 D. Wireless Local Coastal Program Amendment Coastal Commission Staff Comments Recommended Action: 1) Receive and file staff’s report; 2) Review and direct staff to submit a letter of objection regarding the suggested modifications for the California Coastal Commission (CCC) to consider at the February 7-9, 2024 CCC hearing; or 3) Direct staff to withdraw the application for the proposed Local Coastal Program Amendment (LCPA) and initiate a new LCPA to address comments from the CCC and hold public hearings on the new LCPA.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346 E. Formula Retail Clearance Process
Recommended Action: Receive a presentation from the Planning Department describing the Formula Retail Clearance process established by Ordinance No. 431.

Staff Contact: Planning Director Mollica, 456-2489, ext. 346 F. Agreement with California Highway Patrol
Recommended Action: Authorize the Mayor to execute an agreement with the California Highway Patrol for traffic enforcement services.

Staff Contact: Public Safety Director Dueñas, 456-2489, ext. 313

7. Council Items
A. Designation of Voting Delegate and Alternate Voting Delegate(s) for the 2024 Southern California Association of Governments (SCAG) Annual Regional Conference and General Assembly Recommended Action: Designate the City’s voting delegate and alternate voting delegate for the Southern California Association of Governments 2024 Annual Regional Conference and General Assembly scheduled for May 2-3, 2024 in Palm Desert.

Staff Contact: City Manager McClary, 456-2489, ext. 226 Adjournment
Future Meetings
Monday, February 12, 2024 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, February 26, 2024 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, March 11, 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 AMENDED City Council Regular Meeting Agenda Page - 6 - January 22, 2024 Hand feature to request to speak when the Mayor calls the item. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form prior to the beginning of the item being announced by the Mayor. In person participants may surrender their time by deferring one (1) minute to another speaker, not to exceed a total of eight (8) minutes. The speaker wishing to defer time must be present when the item is heard and their form must be submitted with the speaker form for the individual they are deferring time to. Speakers are taken in the order slips are submitted or hands are raised.

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

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

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

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

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

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

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

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

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

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

I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended AMENDED City Council Regular Meeting Agenda Page - 7 - January 22, 2024 up to 72 hours in advance of the meeting. Dated this 18th day of January 2024 at 4:30 p.m.

Kelsey Pettijohn, City Clerk
WARRANT REGISTER NO. 739
On January 22, 2024, the Malibu City Council allowed and approved warrant demand numbers 71202-71299 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 $826,373.49. City of Malibu payroll check numbers 5396-5398 and ACH deposits were issued in the amount of $975,423.03.

PASSED, APPROVED and ADOPTED this 22nd day of January 2024. ____________________________________________
Steve Uhring
Mayor
ATTEST:
____________________________________________
Kelsey Pettijohn
City Clerk

CERTIFICATE
In accordance with Government Code Sections 37202 and Malibu Municipal Code 3.08.050, I hereby certify that: (1) the claims or demands set forth in the warrant register(s) listed below and attached hereto and incorporated herein by this reference in the aggregate amount of $1,801,796.52 have been audited as to their accuracy; and (2) sufficient funds have been appropriated by the City Council and are available for the payment thereof.

EXECUTED this 11th day of January 2024, AT MALIBU, CALIFORNIA ______________________________________________
Steve McClary
City Manager
City Council Meeting
1-22-24
Item

3.B.2.

DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Accounts Payable
User:

Printed:
sflores
1/10/2024 10:38 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 71202 AETNA Health and Human Resource Center Inc 12/21/2023 0.00 116.76 71203 BlueShie Blue Shield of California 12/21/2023 0.00 1,477.82 71204 CASTDIS California State Disbursement Unit 12/21/2023 0.00 339.69 71205 DELTADE Delta Dental of California 12/21/2023 0.00 8,475.17 71206 ICMA457 ICMA-MissionSquare Retirement - 303615 12/21/2023 0.00 16,689.91 71207 ICMACM ICMA-MissionSquare Retirement - 108658 12/21/2023 0.00 600.00 71208 ICMADH ICMA-MissionSquare Retirement - 108650 12/21/2023 0.00 1,000.00 71209 STANDARD Standard Insurance Company N2 12/21/2023 0.00 8,198.75 71210 STANDARD Standard Insurance Company N2 12/21/2023 0.00 355.28 71211 USBANK2 U.S. Bank 12/21/2023 0.00 1,472.79
71212 13STARS 13 Stars Media 12/21/2023 0.00 1,945.52
71213 ACCESS Access Information Intermediate Holdings LLC12/21/2023 0.00 3,264.08 71214 AMERGLOB American Global Security Inc 12/21/2023 0.00 3,150.00 71215 AMERGUAR American Guard Services, Inc 12/21/2023 0.00 2,938.68 71216 ANAWALT Anawalt Lumber Co., Inc 12/21/2023 0.00 35.96 71217 ANDSOL Solishia Andico 12/21/2023 0.00 220.23
71218 ANDYGUMP Andy Gump, Inc. 12/21/2023 0.00 106.22
71219 AZURCAP Azur CART & Captioning 12/21/2023 0.00 2,227.50 71220 BECKERWM Bill Becker 12/21/2023 0.00 190.00
71221 BURNS Burns Pacific Construction Inc 12/21/2023 0.00 89,110.90 71222 CASGAY Gaylene Cascione 12/21/2023 0.00 4,396.00
71223 CHAMPCAM Trevor Elder 12/21/2023 0.00 5,740.00
71224 CHAVEZL Larry Chavez 12/21/2023 0.00 190.00
71225 COOPERM Marsha Cooper 12/21/2023 0.00 550.00
71226 COTTON Cotton,Shires & Associates,Inc 12/21/2023 0.00 106,384.37 71227 CRPRINT CR PRINT 12/21/2023 0.00 194.45
71228 DANESHJ Jackline Yafai Daneshrad 12/21/2023 0.00 150.00 71229 DAPEERR Dapeer Rosenblit & Litvak LLP 12/21/2023 0.00 1,110.50 71230 DAVLOREN Loren Davis 12/21/2023 0.00 141.48
71231 ENHANCED Landscape Development, Inc. 12/21/2023 0.00 46,922.25 71232 ESA Environmental Science Associat 12/21/2023 0.00 5,497.50 71233 FERCANOL Laura DeMieri Fercano 12/21/2023 0.00 340.00 71234 FLOOLE Oleg Flow 12/21/2023 0.00 120.00
71235 FRONTIER Frontier California Inc 12/21/2023 0.00 4,014.46 71236 GARY Joanne Gary 12/21/2023 0.00 100.00
71237 GELBYV Yvonne Gelbman 12/21/2023 0.00 60.00
71238 GIINDUS G.I. Industries 12/21/2023 0.00 6,755.06
71239 HDL2 HdL Coren & Cone 12/21/2023 0.00 1,408.04
71240 HEACL Lynn Heacox 12/21/2023 0.00 787.50
71241 IPC INC Integrated Performance Consultants Inc 12/21/2023 0.00 109,823.85 71242 JLEEENG JLee Engineering, Inc. 12/21/2023 0.00 12,920.00 71243 KARANS Ansley Karriem 12/21/2023 0.00 140.00
71244 KEANEREA Keane Real Estate Holdings LLC 12/21/2023 0.00 2,227.00 71245 KENNEYP Patrick Kenney 12/21/2023 0.00 150.00
71246 LACOCLE LA County Registrar-Recorder LA Co Clerk 12/21/2023 0.00 75.00 71247 LACOREG LA Co Registrar Recorder/Cty Clerk 12/21/2023 0.00 294.00 71248 LAUTZEN Lautzenhiser's Stationery, Inc 12/21/2023 0.00 2,049.12 AP Checks by Date - Summary by Check Number (1/10/2024 10:38 AM) Page 1 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 71249 LEAGUE League Of California Cities 12/21/2023 0.00 1,800.00 71250 LEVC Cheryl Lev 12/21/2023 0.00 924.00
71251 M6COSLT m6 Consulting Inc. 12/21/2023 0.00 5,940.48 71252 MANMIC Michael Anthony Manfredo 12/21/2023 0.00 1,007.00 71253 MATTMICH Dr. Michael D Matthews 12/21/2023 0.00 7,290.00 71254 MERRICKJ Judy M. Merrick 12/21/2023 0.00 200.00
71255 MONAHAN Ann Monahan 12/21/2023 0.00 480.00
71256 MONTHARD Montgomery Hardware Co. 12/21/2023 0.00 1,760.00 71257 MORRICK Ricky Morris 12/21/2023 0.00 80.00
71258 MURRD Darren Murray 12/21/2023 0.00 680.00
71259 NAICKERV Vasudevan Naicker 12/21/2023 0.00 175.00 71260 OCCDEN Denise O'Connor 12/21/2023 0.00 340.00
71261 OCONNPAT Patrick O'Connell 12/21/2023 0.00 300.00 71262 PARKERB Joyce Parker-Bozylinski 12/21/2023 0.00 14,060.00 71263 PEGASUS Robert Michael Schwieger 12/21/2023 0.00 7,665.00 71264 PRECISI Precision Business Machine Inc 12/21/2023 0.00 95.00 71265 PROGENTC Progent Corporation 12/21/2023 0.00 274.35 71266 PUNSALAN Joel Punsalan 12/21/2023 0.00 120.00
71267 QLESSINC Qless Inc 12/21/2023 0.00 11,450.00
71268 QUADFIN Quadient Finance USA INC 12/21/2023 0.00 72.72 71269 QUALITYC Quality Code Publishing LLC 12/21/2023 0.00 195.00 71270 RINCONC Rincon Consultants, Inc 12/21/2023 0.00 74,560.06 71271 ROBREC Robertson Industries, Inc 12/21/2023 0.00 13,930.00 71272 ROUNDSTA Round Star West LLC 12/21/2023 0.00 4,130.00 71273 RPBARRI R P Barricade, Inc. 12/21/2023 0.00 2,894.03 71274 RYLAND STLR Corporation 12/21/2023 0.00 34,530.71 71275 SARTORIU Valentina Sartorius 12/21/2023 0.00 150.00 71276 SDIPRES SDI Presence, LLC 12/21/2023 0.00 4,652.50 71277 SISTER Sister Cities International 12/21/2023 0.00 310.00 71278 SMASH Smash Athletics Inc 12/21/2023 0.00 885.66
71279 SPECTRUM Charter Communications Holdings, LLC 12/21/2023 0.00 209.98 71280 STAPLES Staples Contract & Commercial LLC 12/21/2023 0.00 1,040.74 71281 STORIV Stoel Rives LLP 12/21/2023 0.00 2,210.00
71282 STOVER Stover Seed Company 12/21/2023 0.00 2,118.83 71283 SWRCB State Water Resources Control 12/21/2023 0.00 39,233.00 71284 TOTALGRA Brian Shore 12/21/2023 0.00 670.90
71285 TRAIGOAT Train Goat Gainz LLC 12/21/2023 0.00 1,344.00 71286 TREPA Alex Trepetin 12/21/2023 0.00 240.00
71287 TRUNORTH True North Compliance Services, Inc. 12/21/2023 0.00 12,292.88 71288 ULTMAINT Ultimate Maintenance Services Inc 12/21/2023 0.00 3,675.00 71289 USLABS Bureau Veritas North America, Inc. 12/21/2023 0.00 6,720.00 71290 VENTTRA Ventura Transit System, Inc. 12/21/2023 0.00 5,196.75 71291 WALLRON Ron Wallingford 12/21/2023 0.00 60.00
71292 WILLSCOT Williams Scotsman Inc 12/21/2023 0.00 17,189.61 71293 YEHASSOC Yeh and Associates Inc 12/21/2023 0.00 68,441.00 71294 YUNEX Siemens Mobility. Inc. 12/21/2023 0.00 986.00 71295 CASTDIS California State Disbursement Unit 01/04/2024 0.00 339.69 71296 ICMA457 ICMA-MissionSquare Retirement - 303615 01/04/2024 0.00 16,634.79 71297 ICMACM ICMA-MissionSquare Retirement - 108658 01/04/2024 0.00 600.00 71298 ICMADH ICMA-MissionSquare Retirement - 108650 01/04/2024 0.00 1,000.00 71299 USBANK2 U.S. Bank 01/04/2024 0.00 762.97
Report Total (98 checks): 0.00 826,373.49
AP Checks by Date - Summary by Check Number (1/10/2024 10:38 AM) Page 2 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 User:

Printed: 01/10/2024 - 10:39AM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Checks from: 00071202 To: 00071299
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 21.12.2023 Vision Care-Cobra-Fiori - Jan'24 71203 27.83 100-0000-2021-00 COBRA Payable Blue Shield of California PR 21.12.2023 Vision Care-Cobra-Meyers - Oct-Dec'23 71203 -28.35 100-0000-2021-00 COBRA Payable Blue Shield of California PR 21.12.2023 Vision Care-Cobra-Rosas - Jan'24 71203 17.28 100-0000-2021-00 COBRA Payable Blue Shield of California PR 21.12.2023 Vision Care-Cobra-Gribben - Jan'24 71203 9.45 100-0000-2021-00 COBRA Payable Blue Shield of California PR 21.12.2023 Vision Care-Cobra-Gallagher - Jan'24 71203 9.45 100-0000-2021-00 COBRA Payable Blue Shield of California PR 21.12.2023 Vision Care-Cobra-Linden - Jan'24 71203 9.45 100-0000-2021-00 COBRA Payable Blue Shield of California PR 21.12.2023 Vision Care-Cobra-Woodrow - Jan'24 71203 16.88 Vendor Subtotal for Section 2:0000 61.99
Section 2:0000
100-0000-2021-00 COBRA Payable Delta Dental of California PR 21.12.2023 Dental Insurance-Cobra-Linden - Jan'24 71205 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 21.12.2023 Dental Insurance-Cobra-Gallagher - Jan'24 71205 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 21.12.2023 Dental Insurance-Cobra-Rosas - Jan'24 71205 107.11 100-0000-2021-00 COBRA Payable Delta Dental of California PR 21.12.2023 Dental Insurance-Cobra-Fiori - Jan'24 71205 157.75 100-0000-2021-00 COBRA Payable Delta Dental of California PR 21.12.2023 Dental Insurance-Cobra-Gribben - Jan'24 71205 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 21.12.2023 Dental Insurance-Cobra-Meyers - Oct-Dec'23 71205 -150.18 100-0000-2021-00 COBRA Payable Delta Dental of California PR 21.12.2023 Dental Insurance-Cobra-Feldman - Jan'24 71205 50.06 100-0000-2021-00 COBRA Payable Delta Dental of California PR 21.12.2023 Dental Insurance-Cobra-Woodrow - Jan'24 71205 50.06 Vendor Subtotal for Section 2:0000 364.98
Section 2:0000
100-0000-3464-00 Youth Sports Program Fees Bill Becker Ref- Middle School Basketball 71220 190.00 Vendor Subtotal for Section 2:0000 190.00
Section 2:0000
100-0000-3464-00 Youth Sports Program Fees Alex Trepetin Ref- Youth Basketball League 71286 240.00 AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 1 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 240.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Ansley Karriem Ref- Transfer From Seawolves Blue to Sealions 71243 140.00 Vendor Subtotal for Section 2:0000 140.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Darren Murray Ref- Winter Youth Water Polo (2) 71258 680.00 Vendor Subtotal for Section 2:0000 680.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Denise O'Connor Ref- Winter Youth Water Polo 71260 340.00 Vendor Subtotal for Section 2:0000 340.00
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee Joanne Gary Ref- Sr Excursions Dec '23 - Feb '24 71236 100.00 Vendor Subtotal for Section 2:0000 100.00
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee Yvonne Gelbman Ref- Sr. Excursion Nov '23 71237 60.00 Vendor Subtotal for Section 2:0000 60.00
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee Ron Wallingford Ref- Sr. Excursion Nov '23 71291 60.00 Vendor Subtotal for Section 2:0000 60.00
Section 2:3001
100-3001-4209-00 Disability Insurance Standard Insurance Company N2 PR 21.12.2023 STD/LTD 71209 26.94 Vendor Subtotal for Section 2:3001 26.94
AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 2 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount Section 2:3001
100-3001-5120-00 Street Maintenance Burns Pacific Construction Inc Task 7: Yard Rental - Nov '23 71221 7,500.00 100-3001-5120-00 Street Maintenance Burns Pacific Construction Inc Task 1: Routine Maint - Nov '23 71221 45,372.35 Vendor Subtotal for Section 2:3001 52,872.35
Section 2:3001
100-3001-5123-00 Storm Response Burns Pacific Construction Inc Task 4: Storm Response - Nov '23 71221 17,676.16 Vendor Subtotal for Section 2:3001 17,676.16
Section 2:3001
100-3001-5123-01 Culvert Cleaning Burns Pacific Construction Inc Task 3: Storm Drain Maint - Nov '23 71221 1,888.98 Vendor Subtotal for Section 2:3001 1,888.98
Section 2:3001
100-3001-5124-00 Traffic Signal Maintenance Siemens Mobility. Inc. Traffic Signal Maint - Oct '23 71294 606.00 100-3001-5124-00 Traffic Signal Maintenance Siemens Mobility. Inc. Traffic Signal Maint - Call Outs - Oct '23 71294 380.00 Vendor Subtotal for Section 2:3001 986.00
Section 2:3001
100-3001-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - City Yard 11/16 - 11/30/23 71238 765.71 100-3001-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - Bus Stop/Cross Creek - Dec '23 71238 2,521.31 Vendor Subtotal for Section 2:3001 3,287.02
Section 2:3001
100-3001-6160-00 Operating Supplies Anawalt Lumber Co., Inc PW - Grout 71216 31.67 Vendor Subtotal for Section 2:3001 31.67
Section 2:3001
100-3001-6160-00 Operating Supplies Burns Pacific Construction Inc Supplies - Nov '23 71221 571.02 AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 3 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3001 571.02
Section 2:3001
100-3001-6160-00 Operating Supplies R P Barricade, Inc. PW - Sign Supplies 71273 1,206.99 100-3001-6160-00 Operating Supplies R P Barricade, Inc. PW - Supplies 71273 1,687.04 Vendor Subtotal for Section 2:3001 2,894.03
Section 2:3007
100-3007-5610-00 Fac Maintenance-Civic Center Integrated Performance Consultants Inc CCSTF Operation/Maint - Nov '23 71241 3,913.00 Vendor Subtotal for Section 2:3007 3,913.00
Section 2:3007
100-3007-5610-01 Fac Maintenance-Paradise Cove Integrated Performance Consultants Inc PCSTF Operation/Maint - Nov '23 71241 3,913.00 Vendor Subtotal for Section 2:3007 3,913.00
Section 2:3007
100-3007-5655-00 Stormwater Monitoring Integrated Performance Consultants Inc Remote Access Fee - Nov '23 71241 200.00 Vendor Subtotal for Section 2:3007 200.00
Section 2:3007
100-3007-5721-00 Telephone Frontier California Inc Phone - Civic Center STF - Dec '23 71235 158.76 Vendor Subtotal for Section 2:3007 158.76
Section 2:3008
100-3008-4209-00 Disability Insurance Standard Insurance Company N2 PR 21.12.2023 STD/LTD 71209 54.31 Vendor Subtotal for Section 2:3008 54.31
Section 2:3008
100-3008-5100-00 Professional Services American Guard Services, Inc Crossing Guard Program - Nov '23 71215 2,938.68 AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 4 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3008 2,938.68
Section 2:4001
100-4001-4209-00 Disability Insurance Standard Insurance Company N2 PR 21.12.2023 STD/LTD 71209 90.60 Vendor Subtotal for Section 2:4001 90.60
Section 2:4001
100-4001-5721-00 Telephone Frontier California Inc Phone - Charmlee Park - Dec '23 71235 64.36 100-4001-5721-00 Telephone Frontier California Inc Bluffs Park - Phone/Internet - Dec '23 71235 352.00 100-4001-5721-00 Telephone Frontier California Inc Phone - Bluffs Secondary Internet 11/15 - 12/14/23 71235 499.99 Vendor Subtotal for Section 2:4001 916.35
Section 2:4002
100-4002-4209-00 Disability Insurance Standard Insurance Company N2 PR 21.12.2023 STD/LTD 71209 14.82 Vendor Subtotal for Section 2:4002 14.82
Section 2:4002
100-4002-5107-00 Contract Personnel Valentina Sartorius Instructor - Aqua Aerobics 10/14 - 11/11/23 71275 150.00 Vendor Subtotal for Section 2:4002 150.00
Section 2:4005
100-4005-5107-00 Contract Personnel Trevor Elder Instructor - Intro to Skate 9/24 - 12/10/23 71223 5,740.00 Vendor Subtotal for Section 2:4005 5,740.00
Section 2:4006
100-4006-5107-00 Contract Personnel Larry Chavez Referee- Middle School Basketball 12/8/23 71224 150.00 100-4006-5107-00 Contract Personnel Larry Chavez Referee- Youth Basketball 12/9/23 71224 40.00 Vendor Subtotal for Section 2:4006 190.00
AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 5 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount Section 2:4006
100-4006-5107-00 Contract Personnel Patrick Kenney Referee- Middle School Basketball 12/8/23 71245 150.00 Vendor Subtotal for Section 2:4006 150.00
Section 2:4006
100-4006-5107-00 Contract Personnel Ricky Morris Referee- Youth Basketball 12/9/23 71257 80.00 Vendor Subtotal for Section 2:4006 80.00
Section 2:4006
100-4006-5107-00 Contract Personnel Joel Punsalan Referee- Youth Basketball 12/9/23 71266 120.00 Vendor Subtotal for Section 2:4006 120.00
Section 2:4006
100-4006-5107-00 Contract Personnel Train Goat Gainz LLC Instructor - Flag Football 9/14 - 12/7/2023 71285 1,344.00 Vendor Subtotal for Section 2:4006 1,344.00
Section 2:4006
100-4006-5340-00 Transportation & Mileage Loren Davis Reimb- City Hall/Malibu High School Roundtrip (12) 71230 141.48 Vendor Subtotal for Section 2:4006 141.48
Section 2:4007
100-4007-5107-00 Contract Personnel Gaylene Cascione Instructor - Youth Ballet 9/11 - 12/11/23 71222 672.00 100-4007-5107-00 Contract Personnel Gaylene Cascione Instructor - Hip Hop 9/11 - 12/11/23 71222 1,540.00 100-4007-5107-00 Contract Personnel Gaylene Cascione Instructor - Parent and Me Ballet 9/15 - 12/8/23 71222 994.00 100-4007-5107-00 Contract Personnel Gaylene Cascione Instructor - Barre Fitness 9/15 - 12/8/23 71222 336.00 100-4007-5107-00 Contract Personnel Gaylene Cascione Instructor - Cheerleading and Dance 9/15 - 12/8/23 71222 854.00 Vendor Subtotal for Section 2:4007 4,396.00
Section 2:4007
100-4007-5107-00 Contract Personnel Cheryl Lev Instructor - Music Together 11/8 - 12/6/23 71250 924.00 Vendor Subtotal for Section 2:4007 924.00
Section 2:4007
AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 6 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount 100-4007-5107-00 Contract Personnel Michael Anthony Manfredo Instructor - Tai Chi 9/15 - 12/8/23 71252 847.00 Vendor Subtotal for Section 2:4007 847.00
Section 2:4007
100-4007-5107-00 Contract Personnel Round Star West LLC Instructor - Youth Soccer Ages 4/5, 9/24 - 12/10/23 71272 402.50 100-4007-5107-00 Contract Personnel Round Star West LLC Instructor - Youth Soccer Ages 3/4, 9/24 - 12/10/23 71272 1,120.00 100-4007-5107-00 Contract Personnel Round Star West LLC Instructor - Youth Soccer Ages 5-7, 9/24 - 12/10/23 71272 595.00 100-4007-5107-00 Contract Personnel Round Star West LLC Instructor - Youth Soccer Ages 2/3, 9/24 - 12/10/23 71272 1,225.00 100-4007-5107-00 Contract Personnel Round Star West LLC Instructor - Parent and Me 9/13 - 12/6/23 71272 787.50 Vendor Subtotal for Section 2:4007 4,130.00
Section 2:4008
100-4008-4209-00 Disability Insurance Standard Insurance Company N2 PR 21.12.2023 STD/LTD 71209 5.44 Vendor Subtotal for Section 2:4008 5.44
Section 2:4008
100-4008-5107-00 Contract Personnel Marsha Cooper Instructor - Stretch & Strength - Nov '23 71225 550.00 Vendor Subtotal for Section 2:4008 550.00
Section 2:4008
100-4008-5107-00 Contract Personnel Jackline Yafai Daneshrad Instructor - Cadio Salsa & Stretch - Nov '23 71228 150.00 Vendor Subtotal for Section 2:4008 150.00
Section 2:4008
100-4008-5107-00 Contract Personnel Laura DeMieri Fercano Instructor - Choir - Nov '23 71233 340.00 Vendor Subtotal for Section 2:4008 340.00
Section 2:4008
100-4008-5107-00 Contract Personnel Oleg Flow Instructor - Chair Yoga - Nov '23 71234 120.00 Vendor Subtotal for Section 2:4008 120.00
Section 2:4008
100-4008-5107-00 Contract Personnel Michael Anthony Manfredo Instructor - Mat Yoga - Nov '23 71252 160.00 AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 7 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4008 160.00
Section 2:4008
100-4008-5107-00 Contract Personnel Judy M. Merrick Instructor - Relax Through Coloring - Nov '23 71254 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 - Nov '23 71255 480.00 Vendor Subtotal for Section 2:4008 480.00
Section 2:4010
100-4010-4209-00 Disability Insurance Standard Insurance Company N2 PR 21.12.2023 STD/LTD 71209 12.69 Vendor Subtotal for Section 2:4010 12.69
Section 2:4010
100-4010-5100-00 Professional Services American Global Security Inc Equestrian - Security Nov '23 71214 1,050.00 100-4010-5100-00 Professional Services American Global Security Inc Las Flores - Security Nov '23 71214 1,050.00 100-4010-5100-00 Professional Services American Global Security Inc Trancas - Security Nov '23 71214 1,050.00 Vendor Subtotal for Section 2:4010 3,150.00
Section 2:4010
100-4010-5100-00 Professional Services Landscape Development, Inc. City Parks Landscape Maint/Liners - Dec '23 71231 27,371.45 Vendor Subtotal for Section 2:4010 27,371.45
Section 2:4010
100-4010-5100-00 Professional Services Ultimate Maintenance Services Inc City Parks Janitorial Svcs - Dec '23 71288 3,675.00 Vendor Subtotal for Section 2:4010 3,675.00
Section 2:4010
100-4010-5130-00 Parks Maintenance Anawalt Lumber Co., Inc CS - Hardware for Las Flores Sign 71216 4.29 Vendor Subtotal for Section 2:4010 4.29
AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 8 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount Section 2:4010
100-4010-5130-00 Parks Maintenance Burns Pacific Construction Inc Charmlee Park Picnic Bench - Nov '23 71221 13,894.76 Vendor Subtotal for Section 2:4010 13,894.76
Section 2:4010
100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Bluffs Park - Irrigation Repairs 11/30/23 71231 80.50 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Cross Creek - Irrigation Repairs 11/10, 11/29/23 71231 721.25 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Civic Center - Irrigation Repairs 11/30/23 71231 300.50 Vendor Subtotal for Section 2:4010 1,102.25
Section 2:4010
100-4010-5130-00 Parks Maintenance Stover Seed Company Bluffs Park - Grand Slam Seed 71282 2,118.83 Vendor Subtotal for Section 2:4010 2,118.83
Section 2:4010
100-4010-5721-00 Telephone Frontier California Inc Phone - 23641 PCH (median) - Dec '23 71235 60.78 100-4010-5721-00 Telephone Frontier California Inc Phone - Las Flores, Bluffs, Trancas - Dec '23 71235 535.89 Vendor Subtotal for Section 2:4010 596.67
Section 2:4010
100-4010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - Charmlee Park - Dec '23 71238 249.70 100-4010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - Bluffs/Equestrian - Dec '23 71238 691.60 Vendor Subtotal for Section 2:4010 941.30
Section 2:4010
100-4010-6160-00 Operating Supplies Brian Shore Banner - Bluffs Field Closure 71284 219.00 100-4010-6160-00 Operating Supplies Brian Shore Banner - Honeybee Area 71284 123.40 Vendor Subtotal for Section 2:4010 342.40
Section 2:4010
100-4010-7300-00 Leasehold Improvements Robertson Industries, Inc Trancas Cyn Surface Repairs 71271 1,860.00 100-4010-7300-00 Leasehold Improvements Robertson Industries, Inc Las Flores Roll-Coat/Repairs 71271 12,070.00 AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 9 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4010 13,930.00
Section 2:4010
100-4010-7300-00 Leasehold Improvements Brian Shore Banner - Las Flores Playground Repair 71284 328.50 Vendor Subtotal for Section 2:4010 328.50
Section 2:4011
100-4011-6160-00 Operating Supplies Patrick O'Connell Decorations - Santa Paws 12/10/23 71261 300.00 Vendor Subtotal for Section 2:4011 300.00
Section 2:7001
100-7001-5100-00 Professional Services STLR Corporation School District Separation - Sep/Oct '23 71274 34,530.71 Vendor Subtotal for Section 2:7001 34,530.71
Section 2:7001
100-7001-5330-00 Dues & Memberships Sister Cities International FY 23/24 Annual Dues - Sister Cities 71277 310.00 Vendor Subtotal for Section 2:7001 310.00
Section 2:7002
100-7002-4209-00 Disability Insurance Standard Insurance Company N2 PR 21.12.2023 STD/LTD 71209 16.37 Vendor Subtotal for Section 2:7002 16.37
Section 2:7002
100-7002-5100-00 Professional Services Azur CART & Captioning Remote Closed Captioning Svcs - Nov '23 71219 2,227.50 Vendor Subtotal for Section 2:7002 2,227.50
Section 2:7002
100-7002-5100-00 Professional Services Robert Michael Schwieger Broadcast Svcs - Nov '23 71263 7,665.00 AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 10 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7002 7,665.00
Section 2:7003
100-7003-4209-00 Disability Insurance Standard Insurance Company N2 PR 21.12.2023 STD/LTD 71209 34.18 Vendor Subtotal for Section 2:7003 34.18
Section 2:7003
100-7003-5100-00 Professional Services Dr. Michael D Matthews SMMUSD Separation - Nov '23 71253 2,610.00 100-7003-5100-00 Professional Services Dr. Michael D Matthews SMMUSD Separation - Oct '23 71253 3,870.00 100-7003-5100-00 Professional Services Dr. Michael D Matthews SMMUSD Separation - Sep '23 71253 810.00 Vendor Subtotal for Section 2:7003 7,290.00
Section 2:7003
100-7003-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - City Manager 71280 93.70 Vendor Subtotal for Section 2:7003 93.70
Section 2:7005
100-7005-5100-00 Professional Services Stoel Rives LLP Legal Svcs - Malibu SYTF - Nov '23 71281 2,210.00 Vendor Subtotal for Section 2:7005 2,210.00
Section 2:7005
100-7005-5103-00 Criminal Prosecution Dapeer Rosenblit & Litvak LLP City Prosecutor Svc - Nov '23 71229 1,110.50 Vendor Subtotal for Section 2:7005 1,110.50
Section 2:7007
100-7007-4209-00 Disability Insurance Standard Insurance Company N2 PR 21.12.2023 STD/LTD 71209 19.64 Vendor Subtotal for Section 2:7007 19.64
AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 11 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount Section 2:7007
100-7007-5100-00 Professional Services Quality Code Publishing LLC MMC Quarterly Maint 10/1 - 12/31/23 71269 195.00 Vendor Subtotal for Section 2:7007 195.00
Section 2:7007
100-7007-6160-00 Operating Supplies Lautzenhiser's Stationery, Inc Minutes, Resolution Binders, Archived Paper 71248 2,049.12 Vendor Subtotal for Section 2:7007 2,049.12
Section 2:7021
100-7021-4209-00 Disability Insurance Standard Insurance Company N2 PR 21.12.2023 STD/LTD 71209 21.76 Vendor Subtotal for Section 2:7021 21.76
Section 2:7021
100-7021-5721-00 Telephone Frontier California Inc Phone - Disaster Hotline, Tier, E911 - Dec '23 71235 321.56 Vendor Subtotal for Section 2:7021 321.56
Section 2:7021
100-7021-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - EOC 71280 36.82 Vendor Subtotal for Section 2:7021 36.82
Section 2:7054
100-7054-4209-00 Disability Insurance Standard Insurance Company N2 PR 21.12.2023 STD/LTD 71209 39.45 Vendor Subtotal for Section 2:7054 39.45
Section 2:7054
100-7054-5100-00 Professional Services HdL Coren & Cone Sales Tax Mgmt/Audit Svcs - Q1 Jul-Sep '23 71239 1,408.04 Vendor Subtotal for Section 2:7054 1,408.04
AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 12 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount Section 2:7054
100-7054-5117-00 Film Permit Consultant Frontier California Inc Phone - Film Fax - Dec '23 71235 34.26 Vendor Subtotal for Section 2:7054 34.26
Section 2:7058
100-7058-4209-00 Disability Insurance Standard Insurance Company N2 PR 21.12.2023 STD/LTD 71209 6.45 Vendor Subtotal for Section 2:7058 6.45
Section 2:7058
100-7058-5320-00 Recruitment Expense League Of California Cities Website Job Ad - CS Deputy Director 71249 300.00 100-7058-5320-00 Recruitment Expense League Of California Cities Website Job Ad - Sr Planner 71249 300.00 100-7058-5320-00 Recruitment Expense League Of California Cities Website Job Ad - Sr Permit Tech 71249 300.00 100-7058-5320-00 Recruitment Expense League Of California Cities Website Job Ad - Executive Assistant 71249 300.00 100-7058-5320-00 Recruitment Expense League Of California Cities Website Job Ad - Planning Tech 71249 300.00 100-7058-5320-00 Recruitment Expense League Of California Cities Website Job Ad - Assoc Civil Engineer 71249 300.00 Vendor Subtotal for Section 2:7058 1,800.00
Section 2:7059
100-7059-4205-00 Life Insurance Standard Insurance Company N2 PR 21.12.2023 Life Insurance-Rounding 71209 -0.07 Vendor Subtotal for Section 2:7059 -0.07
Section 2:7059
100-7059-4209-00 Disability Insurance Standard Insurance Company N2 PR 21.12.2023 STD/LTD-Rounding 71209 0.02 100-7059-4209-00 Disability Insurance Standard Insurance Company N2 PR 21.12.2023 STD/LTD 71209 6.19 Vendor Subtotal for Section 2:7059 6.21
Section 2:7059
100-7059-5210-00 Service Fees & Charges Quadient Finance USA INC Finance Fee - Dec '23 71268 72.72 Vendor Subtotal for Section 2:7059 72.72
AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 13 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount Section 2:7059
100-7059-5640-00 Equipment Maintenance Precision Business Machine Inc Printer Maint - AS Mgr 71264 95.00 Vendor Subtotal for Section 2:7059 95.00
Section 2:7059
100-7059-5720-00 Offsite Storage Access Information Intermediate Holdings LLC2023 Offsite Records Svcs - Nov '23 71213 1,336.23 100-7059-5720-00 Offsite Storage Access Information Intermediate Holdings LLCShred Svcs 11/13/23 71213 108.78 100-7059-5720-00 Offsite Storage Access Information Intermediate Holdings LLC2023 Offsite Records Svcs - Dec '23 71213 1,819.07 Vendor Subtotal for Section 2:7059 3,264.08
Section 2:7059
100-7059-5721-00 Telephone Frontier California Inc Phone - City Hall Fac, Cable, Teleconference - Dec '23 71235 498.05 100-7059-5721-00 Telephone Frontier California Inc Phone - Annex Fax Ln - Dec '23 71235 60.78 Vendor Subtotal for Section 2:7059 558.83
Section 2:7059
100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Non Departmental 71280 617.64 100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Toner 71280 292.58 Vendor Subtotal for Section 2:7059 910.22
Subtotal for Section 1: 100 248,983.77
Section 1: 101
Section 2:2001
101-2001-4209-00 Disability Insurance Standard Insurance Company N2 PR 21.12.2023 STD/LTD 71209 102.44 Vendor Subtotal for Section 2:2001 102.44
Section 2:2001
101-2001-5100-00 Professional Services JLee Engineering, Inc. Contract Planner - Nov '23 71242 12,920.00 AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 14 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2001 12,920.00
Section 2:2001
101-2001-5100-00 Professional Services Joyce Parker-Bozylinski General Planning Consulting Svcs - Nov '23 71262 14,060.00 Vendor Subtotal for Section 2:2001 14,060.00
Section 2:2001
101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 6333 Sea Star Dr - CDPA 22-008 71246 75.00 Vendor Subtotal for Section 2:2001 75.00
Section 2:2001
101-2001-5401-00 Advertising & Noticing 13 Stars Media Display Ad - Coastal Commission 8/31/23 71212 141.52 101-2001-5401-00 Advertising & Noticing 13 Stars Media Ad - Notice of Public Hearing 21 Day 9/7/23 71212 183.60 101-2001-5401-00 Advertising & Noticing 13 Stars Media Ad - Notice of Public Hearing 21 Day 9/21/23 71212 168.30 101-2001-5401-00 Advertising & Noticing 13 Stars Media Display Ad - Notice of Public Hearing 9/14/23 71212 238.05 101-2001-5401-00 Advertising & Noticing 13 Stars Media Display Ad - Notice of Public Hearing 21 Day 9/28/23 71212 141.52 101-2001-5401-00 Advertising & Noticing 13 Stars Media Display Ad - Notice of Public Hearing 21 Day 9/21/23 71212 283.05 Vendor Subtotal for Section 2:2001 1,156.04
Section 2:2001
101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - 6655 Dume Dr 71227 194.45 Vendor Subtotal for Section 2:2001 194.45
Section 2:2004
101-2004-4209-00 Disability Insurance Standard Insurance Company N2 PR 21.12.2023 STD/LTD 71209 72.83 Vendor Subtotal for Section 2:2004 72.83
Section 2:2004
101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Geology/Coastal Counter Hours - Nov '23 71226 18,315.00 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc B&S Tasks - Nov '23 71226 1,191.00 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Geotech/Coastal Engr - Nov '23 71226 1,017.50 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Geotech Reviews - Nov '23 71226 26,385.37 AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 15 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc EH Counter Hours - Nov '23 71226 4,150.00 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Coastal Reviews - Nov '23 71226 4,435.00 Vendor Subtotal for Section 2:2004 55,493.87
Section 2:2004
101-2004-5100-00 Professional Services Environmental Science Associat Coastal Vulnerability Assessment - Through 11/30/23 71232 5,497.50 Vendor Subtotal for Section 2:2004 5,497.50
Section 2:2004
101-2004-5100-00 Professional Services True North Compliance Services, Inc. Plan Review - Nov '23 71287 8,408.88 101-2004-5100-00 Professional Services True North Compliance Services, Inc. Plan Review - In House - Nov '23 71287 3,325.00 Vendor Subtotal for Section 2:2004 11,733.88
Section 2:2004
101-2004-5100-00 Professional Services Bureau Veritas North America, Inc. Plan Check - Nov '23 71289 4,200.00 101-2004-5100-00 Professional Services Bureau Veritas North America, Inc. Plan Check - Oct '23 71289 2,520.00 Vendor Subtotal for Section 2:2004 6,720.00
Section 2:2004
101-2004-6400-00 Clothing & Emergency Gear Smash Athletics Inc Bldg Safety - Inspector Sweatshirts 71278 404.06 Vendor Subtotal for Section 2:2004 404.06
Section 2:2010
101-2010-4209-00 Disability Insurance Standard Insurance Company N2 PR 21.12.2023 STD/LTD 71209 7.71 Vendor Subtotal for Section 2:2010 7.71
Section 2:2010
101-2010-5100-00 Professional Services Cotton,Shires & Associates,Inc EH Reviews - Nov '23 71226 17,944.50 Vendor Subtotal for Section 2:2010 17,944.50
Section 2:2012
AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 16 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount 101-2012-4209-00 Disability Insurance Standard Insurance Company N2 PR 21.12.2023 STD/LTD 71209 24.97 Vendor Subtotal for Section 2:2012 24.97
Section 2:2012
101-2012-6160-00 Operating Supplies Smash Athletics Inc Code Enforcement - Jackets 71278 481.60 Vendor Subtotal for Section 2:2012 481.60
Section 2:3003
101-3003-4209-00 Disability Insurance Standard Insurance Company N2 PR 21.12.2023 STD/LTD 71209 33.05 Vendor Subtotal for Section 2:3003 33.05
Section 2:3003
101-3003-5100-00 Professional Services Rincon Consultants, Inc On-Call Environmental Svcs - Oct '23 71270 15,574.50 Vendor Subtotal for Section 2:3003 15,574.50
Section 2:3003
101-3003-5300-00 Travel and Training Solishia Andico Reimb- H20 Conference - Nov '23 71217 106.00 Vendor Subtotal for Section 2:3003 106.00
Section 2:3003
101-3003-5340-00 Mileage Solishia Andico Reimb- H20 Conference Mileage Roundtrip x2 71217 114.23 Vendor Subtotal for Section 2:3003 114.23
Subtotal for Section 1: 101 142,716.63
Section 1: 102
Section 2:3002
102-3002-5100-03 Fire Rebuilds - ESD Cotton,Shires & Associates,Inc Woolsey Fire - Counter Hours - Nov '23 71226 10,441.50 102-3002-5100-03 Fire Rebuilds - ESD Cotton,Shires & Associates,Inc EH Reviews - Woolsey Fire - Nov '23 71226 4,875.00 AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 17 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount 102-3002-5100-03 Fire Rebuilds - ESD Cotton,Shires & Associates,Inc Geotech Reviews - Woolsey Fire - Nov '23 71226 17,629.50 Vendor Subtotal for Section 2:3002 32,946.00
Section 2:3002
102-3002-5100-03 Fire Rebuilds - ESD True North Compliance Services, Inc. Woolsey Fire Rebuild Plan Reviews - Nov '23 71287 559.00 Vendor Subtotal for Section 2:3002 559.00
Section 2:9216
102-9216-5100-00 Westward Beach Rd Shoulder Rep m6 Consulting Inc. Westward Beach Rd Drainage Repairs - Through 10/31/23 71251 5,940.48 Vendor Subtotal for Section 2:9216 5,940.48
Subtotal for Section 1: 102 39,445.48
Section 1: 103
Section 2:9050
103-9050-4209-00 Disability Insurance Standard Insurance Company N2 PR 21.12.2023 STD/LTD 71209 5.92 Vendor Subtotal for Section 2:9050 5.92
Section 2:9050
103-9050-5610-00 Facilities Maintenance Burns Pacific Construction Inc Task 6: Other, City Hall Generator Re-Fuel - Nov '2371221 2,207.63 Vendor Subtotal for Section 2:9050 2,207.63
Section 2:9050
103-9050-5610-00 Facilities Maintenance Landscape Development, Inc. City Hall Landscape Maint - Dec '23 71231 1,393.26 Vendor Subtotal for Section 2:9050 1,393.26
Section 2:9050
103-9050-5610-00 Facilities Maintenance Montgomery Hardware Co. Aluminum Frames 71256 1,760.00 Vendor Subtotal for Section 2:9050 1,760.00
AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 18 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount Section 2:9050
103-9050-5721-00 Telephone Frontier California Inc Phone - City Hall Septic, Irrigation, Fire, Elevator - Dec '23 71235 406.00 Vendor Subtotal for Section 2:9050 406.00
Subtotal for Section 1: 103 5,772.81
Section 1: 203
Section 2:3009
203-3009-5145-00 Dial A Ride Services Ventura Transit System, Inc. City of Malibu Dial-A-Ride - Nov '23 71290 5,196.75 Vendor Subtotal for Section 2:3009 5,196.75
Subtotal for Section 1: 203 5,196.75
Section 1: 207
Section 2:3004
207-3004-6160-00 Operating Supplies Andy Gump, Inc. Enviro Event Toilet 10/20 - 10/23/23 71218 106.22 Vendor Subtotal for Section 2:3004 106.22
Subtotal for Section 1: 207 106.22
Section 1: 215
Section 2:7070
215-7070-7800-00 Other Equipment Williams Scotsman Inc MCLE Restroom Trailer - Tank - 11/28 - 12/25/23 71292 1,034.00 215-7070-7800-00 Other Equipment Williams Scotsman Inc MCLE Restroom Trailer - Toilet Unit - 10/4 - 10/31/23 71292 4,331.10 215-7070-7800-00 Other Equipment Williams Scotsman Inc MCLE Restroom Trailer - Toilet Unit - 11/29 - 12/26/23 71292 4,431.07 215-7070-7800-00 Other Equipment Williams Scotsman Inc MCLE Restroom Trailer - Toilet Unit - 11/1 - 11/28/23 71292 4,331.10 215-7070-7800-00 Other Equipment Williams Scotsman Inc Temporary Office Trailer - 10/28 - 11/27/23 71292 1,533.52 215-7070-7800-00 Other Equipment Williams Scotsman Inc Temporary Office Trailer - 11/28 - 12/27/23 71292 1,528.82 Vendor Subtotal for Section 2:7070 17,189.61
AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 19 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 215 17,189.61
Section 1: 290
Section 2:6002
290-6002-5100-00 Professional Services Yeh and Associates Inc Big Rock Mesa AD 98-1 Monitoring/Maint - Oct '23 71293 19,679.97 290-6002-5100-00 Professional Services Yeh and Associates Inc Big Rock Mesa AD 98-1 Monitoring/Maint - Nov '23 71293 11,619.83 290-6002-5100-00 Professional Services Yeh and Associates Inc Big Rock Mesa AD 98-1 Monitoring/Maint - Sep '23 71293 11,012.45 Vendor Subtotal for Section 2:6002 42,312.25
Section 2:6002
290-6002-5210-00 Service Fees & Charges State Water Resources Control FY 23/24 Annual Permit Fee - Big Rock 71283 12,448.00 Vendor Subtotal for Section 2:6002 12,448.00
Section 2:6002
290-6002-7903-00 Storm Drain Improvements Yeh and Associates Inc Big Rock Mesa AD 98-1 Capital Improvement - Nov '23 7129 880.00 290-6002-7903-00 Storm Drain Improvements Yeh and Associates Inc Big Rock Mesa AD 98-1 Capital Improvements - Oct '23 71293 3,500.00 290-6002-7903-00 Storm Drain Improvements Yeh and Associates Inc Big Rock Mesa AD 98-1 Capital Improvement - Sep '23 71293 220.00 Vendor Subtotal for Section 2:6002 4,600.00
Subtotal for Section 1: 290 59,360.25
Section 1: 291
Section 2:6003
291-6003-5100-00 Professional Services Yeh and Associates Inc Malibu Rd AD 98-3 Monitoring/Maint - Sep '23 71293 3,248.75 291-6003-5100-00 Professional Services Yeh and Associates Inc Malibu Rd AD 98-3 Monitoring/Maint - Oct '23 71293 1,845.00 291-6003-5100-00 Professional Services Yeh and Associates Inc Malibu Rd AD 98-3 Monitoring/Maint - Nov '23 71293 3,183.75 Vendor Subtotal for Section 2:6003 8,277.50
Section 2:6003
291-6003-7903-00 Storm Drain Improvements Yeh and Associates Inc Malibu Rd AD 98-3 Capital Improvements - Nov '23 71293 990.00 AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 20 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:6003 990.00
Subtotal for Section 1: 291 9,267.50
Section 1: 292
Section 2:6004
292-6004-5100-00 Professional Services Yeh and Associates Inc Calle del Barco AD 98-2 Monitoring/Maint - Nov '2371293 2,966.25 292-6004-5100-00 Professional Services Yeh and Associates Inc Calle del Barco AD 98-2 Monitoring/Maint - Oct '23 71293 4,643.75 292-6004-5100-00 Professional Services Yeh and Associates Inc Calle del Barco AD 98-2 Monitoring/Maint - Sep '23 71293 4,651.25 Vendor Subtotal for Section 2:6004 12,261.25
Subtotal for Section 1: 292 12,261.25
Section 1: 310
Section 2:9002
310-9002-7901-00 Street Improvements 13 Stars Media Ads - Inviting Bids, Park Resurfacing 9/7/23 71212 159.12 Vendor Subtotal for Section 2:9002 159.12
Section 2:9082
310-9082-5100-00 Professional Services 13 Stars Media Ads - Westward Beach Repairs 9/7, 9/14/23 71212 312.12 Vendor Subtotal for Section 2:9082 312.12
Section 2:9113
310-9113-5100-00 Legacy Bench/Arbor Renovation 13 Stars Media Ads - Inviting Bids, Legacy Park Benches 9/21, 9/28/23 71212 318.24 Vendor Subtotal for Section 2:9113 318.24
Subtotal for Section 1: 310 789.48
Section 1: 500
AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 21 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount Section 2:7008
500-7008-5100-00 Professional Services Landscape Development, Inc. Legacy Park Landscape Maint/Liners - Dec '23 71231 17,055.29 Vendor Subtotal for Section 2:7008 17,055.29
Section 2:7008
500-7008-5130-00 Park Maintenance G.I. Industries Garbage - Ioki Lot - Dec '23 71238 553.08 500-7008-5130-00 Park Maintenance G.I. Industries Garbage - Ioki Lot Dumpster 11/1 - 11/15/23 71238 1,098.78 Vendor Subtotal for Section 2:7008 1,651.86
Section 2:7008
500-7008-5610-00 Facility Maintenance G.I. Industries Garbage - Supercare Pharmacy - Dec '23 71238 654.62 Vendor Subtotal for Section 2:7008 654.62
Subtotal for Section 1: 500 19,361.77
Section 1: 515
Section 2:3010
515-3010-5210-00 Service Fees & Charges State Water Resources Control FY 23/24 Annual Permit Fee - Civic Center Wastewater 71283 26,785.00 Vendor Subtotal for Section 2:3010 26,785.00
Section 2:3010
515-3010-5611-00 WWTF Maintenance Integrated Performance Consultants Inc Operation, Maint, and Mgmt - CCWWTF - Nov '23 71241 96,338.25 Vendor Subtotal for Section 2:3010 96,338.25
Section 2:3010
515-3010-5640-00 Equipment Maintenance Integrated Performance Consultants Inc Equipment Maint - CCWWTF - Nov '23 71241 -1,281.82 Vendor Subtotal for Section 2:3010 -1,281.82
AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 22 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount Section 2:3010
515-3010-5656-00 Water Quality Test/Monitoring Rincon Consultants, Inc Civic Center Water Quality Monitoring - Nov '23 71270 58,985.56 Vendor Subtotal for Section 2:3010 58,985.56
Section 2:3010
515-3010-5721-00 Telephone Frontier California Inc Phone - CCWWTF 12/4/23 - 1/3/24 71235 161.64 Vendor Subtotal for Section 2:3010 161.64
Section 2:3010
515-3010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - CCWTF - Dec '23 71238 220.26 Vendor Subtotal for Section 2:3010 220.26
Section 2:3010
515-3010-5725-01 Biosolids Disposal Integrated Performance Consultants Inc Biosolids Disposal - CCWWTF - Nov '23 71241 6,300.00 Vendor Subtotal for Section 2:3010 6,300.00
Section 2:3010
515-3010-6160-00 Operating Supplies Integrated Performance Consultants Inc Operating Supplies - CCWWTF - Nov '23 71241 441.42 Vendor Subtotal for Section 2:3010 441.42
Subtotal for Section 1: 515 187,950.31
Section 1: 601
Section 2:3005
601-3005-6330-00 Vehicle Repair & Maintenance Vasudevan Naicker Car Wash City Vehicles 12/14/23 71259 175.00 Vendor Subtotal for Section 2:3005 175.00
AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 23 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 601 175.00
Section 1: 602
Section 2:7060
602-7060-4209-00 Disability Insurance Standard Insurance Company N2 PR 21.12.2023 STD/LTD 71209 19.57 Vendor Subtotal for Section 2:7060 19.57
Section 2:7060
602-7060-5100-00 Professional Services Progent Corporation Tech Support 11/16/23 71265 274.35 Vendor Subtotal for Section 2:7060 274.35
Section 2:7060
602-7060-5100-00 Professional Services SDI Presence, LLC IT Strategic Plan - Nov '23 71276 4,652.50 Vendor Subtotal for Section 2:7060 4,652.50
Section 2:7060
602-7060-5721-00 Telephone Frontier California Inc Phone - City Hall Fac Internet - Dec '23 71235 860.39 Vendor Subtotal for Section 2:7060 860.39
Section 2:7060
602-7060-5721-00 Telephone Charter Communications Holdings, LLC City Hall Internet - Dec '23 71279 209.98 Vendor Subtotal for Section 2:7060 209.98
Section 2:7060
602-7060-6120-00 Computer Software Qless Inc Computer Software for Counter Svc 71267 11,450.00 Vendor Subtotal for Section 2:7060 11,450.00
Subtotal for Section 1: 602 17,466.79
Section 1: 710
AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 24 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount Section 2:0000
710-0000-2270-51 Land Development Survey Review Lynn Heacox Ref- Remaining Fees 31573 Sea Level Dr CDP 16-012 71240 787.50 Vendor Subtotal for Section 2:0000 787.50
Section 2:0000
710-0000-2270-51 Land Development Survey Review Keane Real Estate Holdings LLC Ref- Remaining Fees 31573 Sea Level Dr CDP 16-012 71244 2,227.00 Vendor Subtotal for Section 2:0000 2,227.00
Section 2:0000
710-0000-2270-54 Recorded Document Fees LA Co Registrar Recorder/Cty Clerk Recorded Document Fee - Oct '23 71247 166.00 710-0000-2270-54 Recorded Document Fees LA Co Registrar Recorder/Cty Clerk Recorded Document Fee - Aug '23 71247 55.00 710-0000-2270-54 Recorded Document Fees LA Co Registrar Recorder/Cty Clerk Recorded Document Fee - Sep '23 71247 73.00 Vendor Subtotal for Section 2:0000 294.00
Subtotal for Section 1: 710 3,308.50
Section 1: 900
Section 2:0000
900-0000-2023-00 Vision Insurance Blue Shield of California PR Batch 70021.12.2023 Vision Care 71203 1,415.83 Vendor Subtotal for Section 2:0000 1,415.83
Section 2:0000
900-0000-2024-00 Dental Insurance Delta Dental of California PR Batch 70021.12.2023 Dental Insurance 71205 8,110.19 Vendor Subtotal for Section 2:0000 8,110.19
Section 2:0000
900-0000-2025-00 Life Insurance Standard Insurance Company N2 PR Batch 70021.12.2023 Life Insurance 71209 1,131.90 Vendor Subtotal for Section 2:0000 1,131.90
Section 2:0000
AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 25 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount 900-0000-2025-01 Additional Life Insurance Standard Insurance Company N2 PR Batch 70021.12.2023 Additional Life Insurance 71210 355.28 Vendor Subtotal for Section 2:0000 355.28
Section 2:0000
900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70021.12.2023 STD/LTD 71209 3,239.27 900-0000-2026-00 STD/LTD Standard Insurance Company N2 PR Batch 70007.12.2023 STD/LTD 71209 3,212.30 Vendor Subtotal for Section 2:0000 6,451.57
Section 2:0000
900-0000-2027-00 Employee Assistance Health and Human Resource Center Inc PR Batch 70021.12.2023 Employee Assistance 71202 116.76 Vendor Subtotal for Section 2:0000 116.76
Section 2:0000
900-0000-2041-00 PARS U.S. Bank PR Batch 70021.12.2023 PARS - ER Share 71211 255.27 900-0000-2041-00 PARS U.S. Bank PR Batch 70021.12.2023 PARS - EE Share 71211 1,217.52 900-0000-2041-00 PARS U.S. Bank PR Batch 70004.01.2024 PARS - EE Share 71299 630.71 900-0000-2041-00 PARS U.S. Bank PR Batch 70004.01.2024 PARS - ER Share 71299 132.26 Vendor Subtotal for Section 2:0000 2,235.76
Section 2:0000
900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70021.12.2023 ICMA Def Comp - Flat Amount 71206 11,905.39 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70021.12.2023 ER Contribution to ICMA 71206 2,950.00 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70021.12.2023 ICMA Def Comp - % of Salary 71206 1,261.04 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70004.01.2024 ER Contribution to ICMA 71296 2,950.00 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70004.01.2024 ICMA Def Comp - % of Salary 71296 1,205.92 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70004.01.2024 ICMA Def Comp - Flat Amount 71296 11,905.39 Vendor Subtotal for Section 2:0000 32,177.74
Section 2:0000
900-0000-2042-01 ICMA Loan Program ICMA-MissionSquare Retirement - 303615 PR Batch 70021.12.2023 ICMA Loan Program 71206 573.48 900-0000-2042-01 ICMA Loan Program ICMA-MissionSquare Retirement - 303615 PR Batch 70004.01.2024 ICMA Loan Program 71296 573.48 AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 26 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 1,146.96
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108658 PR Batch 70021.12.2023 ICMA - City Manager 71207 600.00 900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108658 PR Batch 70004.01.2024 ICMA - City Manager 71297 600.00 Vendor Subtotal for Section 2:0000 1,200.00
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108650 PR Batch 70021.12.2023 ICMA - Dept Heads 71208 1,000.00 900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108650 PR Batch 70004.01.2024 ICMA - Dept Heads 71298 1,000.00 Vendor Subtotal for Section 2:0000 2,000.00
Section 2:0000
900-0000-2065-00 Miscellaneous Withholdings California State Disbursement Unit PR Batch 70021.12.2023 Income Withholding Order-Calif 71204 339.69 900-0000-2065-00 Miscellaneous Withholdings California State Disbursement Unit PR Batch 70004.01.2024 Income Withholding Order-Calif 71295 339.69 Vendor Subtotal for Section 2:0000 679.38
Subtotal for Section 1: 900 57,021.37
Report Total: 826,373.49
AP-Transactions by Account (01/10/2024 - 10:39 AM) Page 27 DocuSign Envelope ID: A816E9E5-D27C-4A14-9030-CB3F9A5BCC06

Page 1 of 1 ends

Agenda Item # 3.B.3.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: December 20, 2023 Meeting date: January 8, 2024 Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the June 12, 2023 Malibu City Council Regular meeting, June 21, 2023 Malibu City Council Special meeting, and June 26, 2023 Malibu City Council Regular meeting.

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

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

DISCUSSION: Staff has prepared draft minutes for the Council meetings of June 12, 2023, June 21, 2023, and June 26, 2023.

ATTACHMENTS:

June 12, 2023 Regular meeting
June 21, 2023 Special meeting
June 26, 2023 Regular meeting
City Council Meeting
01-08-24
Item

3.B.3.

MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
JUNE 12, 2023

COUNCIL CHAMBERS
5:30 P.M.

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

MEETING CALL TO ORDER
Mayor Silverstein called the meeting to order at 5:30 p.m.

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

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

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

Speakers: None.

RECESS TO CLOSED SESSION
At 5:31 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

Conference with Legal Counsel – Anticipated litigation

1. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9
Number of Cases: (1)
Conference with Legal Counsel – Anticipated litigation

2. Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)
Development Agreement between the City of Malibu and La Paz Ranch, LLC, regarding the property located at 23465 Civic Center Way Number of Cases: (1)

REGULAR SESSION CALL TO ORDER
Mayor Silverstein called the meeting to order at 6:43 p.m.

Malibu City Council
Minutes of June 12, 2023

Page 2 of 13 ends

_________________________

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

PRESENT: Mayor Bruce Silverstein; Mayor Pro Tem Steve Uhring; and Councilmembers Paul Grisanti, Marianne Riggins, and Doug Stewart
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Richard Mollica, Planning Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Matt Myerhoff, Media Information Officer; Jason Lawrence, Deputy City Clerk; Christina Muñoz, Deputy City Clerk; Kate Manisco, Recreation Manager; Luis Flores, Public Safety Liaison; Sarah Flores, Emergency Services Coordinator; and Brandie Ayala, Administrative Analyst

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 5:30 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Sections 54956.9(d)(2) and 54956.9(d)(4), with all Councilmembers present. He stated the Council discussed the items on the Closed Session agenda and took no reportable action.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on June 2, 2023, with the amended agenda posted on June 9, 2023.

PLEDGE OF ALLEGIANCE
City Clerk Pettijohn led the Pledge of Allegiance.

APPROVAL OF AGENDA
MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to approve the agenda, continuing Item No. 1.A. to a date uncertain, hearing Item No. 7.A. after the Consent Calendar, hearing Item No. 6.A. after 7.A., and adjourning in memory of Leah Isaacs and Barry Hilton. The question was called, and the motion carried unanimously.

ITEM 1 CEREMONIAL/PRESENTATIONS
A. Presentation of 2023 Jake Kuredjian Citizenship Award This item was continued to a date uncertain upon approval of the agenda.

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B. Recognition of Public Safety Responders
Mayor Silverstein recognized the City’s Public Safety Responders with thank you books.

Public Safety Director Dueñas thanked the City’s Public Safety Responders and staff for their efforts at the recent public safety expo.

ITEM 2.A. PUBLIC COMMENTS
Ryan Embree discussed the antenna pole at Santa Monica College and permitting conditions and stated that its location conflicted with use of the nearby helicopter pad. He requested an explanation from Los Angeles County of the necessity of the pole since transmission with the shorter interim pole was possible for three years.

He stated that the County’s application to the City stated that the pole would be used for emergencies which conflicted with regular expanded semi-commercial use that was not disclosed adequately at the concept was approved.

Jo Drummond thanked the Council for adjourning in memory of Leah Isaacs. She discussed the radio tower at Santa Monica College and requested the Telecommunication Commission be reinstated or the Public Works Commission begin reviewing telecommunications projects.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES Kylie and Logan Epstein, Youth Commission, provided an update on Fiscal Year 2022-23 accomplishments, which included a food drive for the Boys and Girls Club Thanksgiving baskets, voter registration public service announcements, a Cinema Malibu movie night sock collection drive for Socks of Love, toy collection for the Los Angeles County Fire Department Foundation, hosting a youth government summit, a baby diaper and wipes drive for Safe Place for Youth Venice, toiletry items collection for the People’s Concern, and participation in a virtual organics recycling workshop. They stated that they volunteered at special events which included Tiny Tot Olympics, Breakfast with Santa, and Chumash Day. They stated that they collected more than 400 items that benefited local nonprofit organizations, provided more than 200 hours of community service, and thanked the Council for providing the opportunity to represent the youth of Malibu.

Public Safety Manager Dueñas discussed the June 12, 2023 Public Safety Expo and Public Safety Responder Appreciation Day. She stated that it was well attended and featured organizations including the Community Emergency Response Team (CERT), Arson Watch, Volunteers on Patrol (VOP), Los Angeles County Fire Department, Department of Forestry, and Cal Tech. She stated that there were demonstrations and presentations, which included fire extinguisher education, an earthquake simulator, a free tree giveaway, emergency generator raffle, and food vendors. She stated that most costs were paid for by a fire prevention grant from Cal Fire and recognized staff efforts and Councilmember participation in the event.

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City Manager McClary thanked City staff for their efforts and stated that the event was well received by the community.

Sergeant Chris Soderlund, Los Angeles County Sheriff Department, thanked the Council for honoring emergency responders. He provided an update on the May 2023 statistics and reported part one crimes were reduced by 18 percent from the same time the prior year and stated there was a downward trend of burglaries. He reported there were two incidents where multiple vehicles were broken into and two vehicles stolen, one of which was recovered. He stated that a suspect vehicle was identified in the second incident and suspects were outstanding. He stated that they conducted a parking enforcement operation overnight the prior Thursday, which resulted in 91 citations issued and six vehicles towed. He stated that they worked with VOPs, special assignment deputies, and Public Safety Liaison Flores.

He discussed an experience with an individual experiencing homelessness who was connected to services through Public Safety Liaison Flores. He stated that the beach team had begun to patrol on weekends and would be full-time beginning in July.

He provided statistics year to date and reported 188 citations were issued for possession of alcohol on the beach, 45 citations for dogs on the beach, 204 traffic citations, 1,382 parking citations, and 186 vehicles towed. He discussed racing on Pacific Coast Highway (PCH) and reported that during the Aids/LifeCycle event held the previous Saturday with approximately 2,000 bicycle riders on PCH, deputies observed two Lamborghini vehicles traveling at a high rate of speed near Las Flores, without registration and one without insurance and both drivers were cited, and vehicles impounded. He stated that a saturation patrol and racing enforcement operation was planned for an upcoming night when much of the racing occurred.

Mayor Silverstein thanked the Sheriff Department for their work and stated that Malibu was a relatively safe place to begin with and credited the Sheriff Department presence for continuing to keep the community safe.

In response to Mayor Silverstein, Sergeant Soderlund stated that there was a combination of factors that went into towing a vehicle versus a citation being issued, which included reckless driving, speed limit, presence of pedestrians or schools in the area, and traffic volume. He stated that the vehicle could be impounded if the deputy determined they were driving in a reckless manner.

City Manager McClary stated that he attended the middle school and high school graduations and attended the Commissioner Brown Act training. He discussed the Blue Flag environmental award presented to Westward Beach and announced that the Little League temporary snack shack was operational. He discussed a sewage spill that occurred the past week on Malibu Canyon Road which was caused by a car accident. He provided an update on the Trancas Bridge replacement project and stated that they were pressing Caltrans for safety and pavement improvements, and it was expected that pothole repair would be conducted in June 2023. He welcomed and introduced the two new Deputy City Clerks, Christina Muñoz, and Jason Lawrence. He reported that the temporary tow yard at Malibu High School opened Malibu City Council
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on May 27, 2023, and approximately 90 vehicles were towed. He provided an update on Woolsey Fire rebuilds with 128 single family homes completed and 258 with building permits issued. He announced a meeting for Malibu Creek ecosystem restoration project, hosted by California State Parks and Cal Trout, would be held at City Hall on Tuesday, June 13, 2023, from 6:00 p.m. to 8:00 p.m.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti commented on the watershed improvement project that involved removal of the Rindge Dam and encouraged public participation in the upcoming informational meeting. He discussed the Blue Flag award at Westward Beach and encouraged the community to visit and appreciate the scenic location.

He reported that he attended the middle school and high school graduation ceremonies and stated that the students deserved credit for their accomplishments and wished them well. He stated that he attended the recent Brown Act training and stated that there were changes in the law and he found the information valuable.

Councilmember Riggins reported that she attended a Clean Power Alliance Board meeting, where Malibu was honored as one of the first cities that joined. She stated that she attended the Little League parade and closing ceremonies on June 3, 2023, and thanked league president Nick Shurgot, Jake Lingo, Alicia Peak, Dane Skophammer, and City staff for their efforts. She reported that she attended the high school and middle school graduation ceremonies and stated that principals Patrick Miller and Melisa Andino did a great job with students. She stated she attended the Public Safety Expo and thanked the City’s Public Safety Department staff and expressed her appreciation for the City’s safety partners. She stated she attended the Brown Act training and found it informative. She stated that she attended the Blue Flag presentation at Westward Beach and stated that it was an honor for the community to be recognized. She thanked the Youth Commissioners for their service and City staff for their support. She stated that she participated in a ride along and toured the Lost Hills Sheriff Station. She discussed the Los Angeles Metro congestion pricing study, specifically the route on the 10 Freeway from downtown Los Angeles to Santa Monica. She stated that anyone who traveled to Malibu would be impacted and encouraged the community to provide feedback to Metro. She thanked City Manager McClary for providing information on the sewage spill.

Councilmember Stewart discussed the temporary tow yard and thanked everyone involved in its success. He discussed the Blue Flag award ceremony held at Westward Beach and stated that visiting the location was a moving experience. He stated that he attended the workplan meeting held on May 24, 2023. He stated that he attended a kindness event and signed the Boys and Girls Club Kindness Mural and commended the organization for their positive impact on the community. He reported that he attended the Brown Act training and the Public Safety Expo. He stated he met with the VOPs and Sheriff Deputies during one of their night sweeps and commended those who worked the night shift. He discussed the 2023 Poetry and Art Student Anthology and encouraged the community to pick one up.

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Mayor Pro Tem Uhring thanked Sergeant Sutherland for his report and stated that the results needed to be publicized to the community. He stated he participated in the California Strategies meetings. He stated he attended the Little League parade, and everyone enjoyed themselves. He encouraged community involvement in the meeting to discuss removal of the Rindge Dam. He thanked City Manager McClary for providing information on the sewage spill. He discussed an article he recently read in the Orange County Register regarding declining school enrollment, and referenced the Parks and Recreation master plan report with its projection of declining birth rates and stated that attention should be paid to the issue.

Mayor Silverstein discussed the radio tower at Santa Moncia College and stated that it was an insult to Malibu and hoped for continued discussions toward a solution. He stated that he attended many of the events that others described. He stated he attended the Little League event, and that it was enjoyable. He stated that declining school enrollment indicated that Malibu was probably overpaying for being a part of the Santa Monica-Malibu Unified School District and it was an argument for separation.

Mayor Pro Tem Uhring stated he met with Sycamore Park residents and saw the Mountains Recreation and Conservation Authority (MRCA) signs and trail maps to Escondido trail. He questioned the validity of the trail, since in May 2016, the City Council voted to abandon trails heading to Ramirez Canyon and Escondido.

He provided compiled information for the City Attorney’s review regarding the status of the trail and the signage placed by the MRCA.

ITEM 3 CONSENT CALENDAR
Item Nos. 3.B.9. and 3.B.10. were pulled by the Council.

MOTION Mayor Pro Tem Uhring moved, and Councilmember Grisanti seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.B.9. and 3.B.10. The question was called, and the motion carried unanimously, Councilmember Stewart abstaining from Item No. 3.B.3.

The Consent Calendar consisted of the following items:

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 69189-69428 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. 726 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount Malibu City Council
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of $2,557,017.61. City of Malibu payroll check number 5345-5348 and ACH deposits were issued in the amount of $259,792.74.

3. Approval of Minutes
Recommended Action: Approve the minutes for the April 11, 2022 Malibu City Council Regular meeting.

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

5. Community Facilities District No. 2006-1 (Carbon Beach Utility Undergrounding) – Levy of Special Tax for Fiscal Year 2023-2024 Recommended Action: Adopt Resolution No. 23-27 of the City Council of the City of Malibu acting in its capacity as the legislative body of Community Facilities District (CFD) No. 2006-1 of the City of Malibu (Carbon Beach Utility Undergrounding) authorizing the levy of a special tax for Fiscal Year (FY) 2023-24.

6. Professional Services Agreement with Yunex, LLC
Recommended Action: Authorize the Mayor to execute Professional Services Agreement with Yunex, LLC for Traffic Signal Maintenance Services.

7. Community Development Block Grant Program for July 1, 2024 through June 30, 2027
Recommended Action: Adopt Resolution No. 23-29 approving participation in the Los Angeles Urban County Community Development Block Grant Program by authorizing the mayor, or his/her designee, to sign a cooperation agreement with the Los Angeles County Development Authority from July 1, 2024, through June 30, 2027.

8. Amendment to Professional Services Agreement with Landscape Development Inc. for Landscape Maintenance Services
Recommended Action: Authorize the Mayor to execute Amendment No. 4 to the Professional Services Agreement with Landscape Development Inc., extending the term of the Agreement for landscape maintenance services at City Hall, City Parks, and the Civic Center area through June 30, 2024.

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

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

9. Amendments to the Professional Services Agreements for School District Separation
Recommended Action: 1) Authorize the Mayor to execute Amendment No. 7 to the Professional Services Agreement with Kirk-Carter and Associates; Malibu City Council
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and 2) Authorize the Mayor to execute Amendment No. 7 to the Professional Services Agreement with STLR Corp, dba Ryland School Business Consulting.

The Council discussed the item.

MOTION Mayor Pro Tem Uhring moved, Councilmember Riggins second a motion to: 1) Authorize the Mayor to execute Amendment No. 7 to the Professional Services Agreement with Kirk-Carter and Associates; and 2) Authorize the Mayor to execute Amendment No. 7 to the Professional Services Agreement with STLR Corp, dba Ryland School Business Consulting. The question was called, and the motion carried unanimously.

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

The Council discussed the item.

The Council received the Investment Report for the month ending April 30, 2023.

ITEM 7 COUNCIL ITEMS
A. 2023-2024 Harry Barovsky Memorial Youth Commission Appointments Recommended Action: Appoint Commissioners to the 2023-2024 Harry Barovsky Memorial Youth Commission.

Recreation Manager Gallo presented the staff report.

Mayor Silverstein opened the floor to public comment.

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

MOTION Councilmember Riggins moved, and Councilmember Stewart seconded a motion to appoint the following 17 Commissioners to the 2023-2024 Harry Barovsky Memorial Youth Commission: Anniston Aragon, Allegra Barzan, Tyler Button, Kylie Epstein, Logan Epstein, Hiram Florendo, Maya Guzman, Tanner Kies, Travis Kies, Kailyn Lilly, Preston Lilly, Chloe Loquet, Michael Maischoss, Hank Norby, Axel Polito, Layla Polito, and Payton Pollack. The question was called, and the motion carried unanimously.

ITEM 6 NEW BUSINESS
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A. Malibu Library Set Aside Fund for Fiscal Year 2023-2024 (Continued from May 22, 2023)
Recommended Action: Approve the use of Set Aside Funds for the Malibu Library for Fiscal Year 2023-2024.

Assistant City Manager Toney presented the staff report.

Mayor Silverstein opened the floor to public comment.

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

The Council discussed the item and directed questions to staff.

MOTION Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to approve the use of Set Aside Funds for the Malibu Library for Fiscal Year 2023- 2024. The question was called, and the motion carried unanimously.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. Fiscal Year 2023-2024 Wastewater Service Charges
Recommended Action: 1) Conduct the Public Hearing to receive public testimony and consider all protest concerning the adoption of the Engineer’s Report regarding the levy of wastewater services fees through property taxes; and 2) Unless there are protests from majority of the affected property owners, adopt Resolution No. 23- 28 approving the Engineer’s Report and collection of wastewater services charges on the county tax roll for Fiscal Year 2023-2024 for City of Malibu Assessment District No. 2015-1 (Civic Center Wastewater Treatment Facility – Phase-1).

Public Works Director DuBoux and Administrative Analyst Ayala presented the staff report.

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

The Council discussed the item and directed questions to staff.

MOTION Councilmember Stewart moved, and Mayor Pro Tem Uhring seconded a motion to adopt Resolution No. 23-28 approving the Engineer’s Report and collection of wastewater services charges on the county tax roll for Fiscal Year 2023-2024 for City of Malibu Assessment District No. 2015-1 (Civic Center Wastewater Treatment Facility – Phase-1). The question was called, and the motion carried unanimously.

ITEM 5 OLD BUSINESS
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A. Review of the Hybrid Meeting Pilot Program and Commission Meeting Transition Plan
Recommended Action: 1) Consider the success of the hybrid meeting pilot program; 2) Provide direction on the format of City Council meetings, if appropriate; and 3) Provide direction on the meeting format for Commission, Committee, and Board meetings.

City Clerk Pettijohn presented the staff report.

Mayor Silverstein opened the floor to public comment.

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

The Council discussed the item and directed questions to staff.

MOTION Councilmember Riggins moved to direct staff to begin scheduling Planning Commission meetings as hybrid meetings pursuant to AB 361, recommend Planning Commissioners resume meeting in-person; and determine the Council would revisit the meeting format for the other Commissions and Committees.

FRIENDLY AMENDMENT
Councilmember Stewart seconded the motion and moved to direct staff to begin scheduling Planning Commission meetings as hybrid meetings beginning with the July 17, 2023 Regular Planning Commission meeting.

The amendment was accepted by the maker of the motion.

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

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

MOTION Mayor Silverstein moved, and Councilmember Riggins seconded a motion to direct that hybrid meeting procedures allow members of the public participating in the meeting in-person to surrender their opportunity to speak on an item by deferring one minute to another speaker, not to exceed an additional five minutes for any individual speaker. The question was called, and the motion carried unanimously.

RECESS At 8:31 p.m., Mayor Silverstein recessed the meeting. The meeting resumed at 8:42 p.m. with all Councilmembers present.

B. Update Regarding Local Coastal Program Amendment No. 16-006 (Sea View Hotel Project)
Recommended Action: Provide direction to staff on processing fee Malibu City Council
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waiver/reduction requests for public access or habitat restoration projects requiring a Coastal Development Permit (CDP). Pursuant to 2022 legislation – Assembly Bill (AB) 2160 – an applicant who is a public agency or nonprofit organization may request that the City waive or reduce a coastal development permit fee for a public access project or habitat restoration project. If the request is denied, the applicant may bypass City processing and submit the CDP application directly to the California Coastal Commission.

Planning Director Mollica presented the staff report.

The Council directed questions to staff.

Mayor Silverstein opened the floor to public comment.

Speakers: Norm Haynie, Robert Gold, Jefferson Wagner, John Payne, and Jo Drummond
As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

MOTION Councilmember Stewart moved, and Councilmember Grisanti seconded a motion to direct staff to bring back at the June 26, 2023 Regular City Council meeting an ordinance to accept the modified Local Coastal Program Amendment No. 16-006.

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

Wagner.

FRIENDLY AMENDMENT
Mayor Silverstein moved to bring back the ordinance only if the CCC agrees to direct the money to the City of Malibu or allows the City veto power over how the money is used.

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

The Council discussed the motion.

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

ITEM 6 NEW BUSINESS (Continued)
B. Processing Fee Requests per Assembly Bill 2160
Recommended Action: Provide direction to staff on processing fee waiver/reduction requests for public access or habitat restoration projects requiring a Coastal Development Permit (CDP). Pursuant to 2022 legislation – Assembly Bill (AB) 2160 – an applicant who is a public agency or nonprofit organization may Malibu City Council
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request that the City waive or reduce a coastal development permit fee for a public access project or habitat restoration project. If the request is denied, the applicant may bypass City processing and submit the CDP application directly to the California Coastal Commission.

Planning Director Mollica presented the staff report.

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

The Council discussed the item and directed questions to staff.

MOTION Councilmember Grisanti moved for requests to be decided by the City Manager with guidance from a City Council policy for implementation of AB 2160.

FRIENDLY AMENDMENT
Councilmember Riggins seconded the motion and moved to direct staff to work with the legislature on clarification regarding the statute.

The maker of the motion accepted the amendment.

The Council discussed the motion and directed questions to staff.

The maker and seconder withdrew the motion.

MOTION Mayor Silverstein moved, and Councilmember Grisanti seconded a motion to direct staff to bring back a resolution which directs that, pursuant to Assembly Bill 2160, any fee which must be waived to avoid bypass of the City’s permitting processes is waived.

The Commission discussed the motion.

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

ADJOURNMENT
Mayor Silverstein adjourned the meeting at 10:05 p.m. in memory of Leah Isaacs and Barry Hilton.

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

MINUTES

MALIBU CITY COUNCIL

SPECIAL MEETING
JUNE 21, 2023

COUNCIL CHAMBERS
1:00 P.M.

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

MEETING CALL TO ORDER
Mayor Silverstein called the meeting to order at 1:00 p.m.

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

PRESENT: Mayor Bruce Silverstein; Mayor Pro Tem Steve Uhring; and Councilmembers Paul Grisanti, Marianne Riggins, and Doug Stewart
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; and Kelsey Pettijohn, City Clerk

PLEDGE OF ALLEGIANCE
City Manager McClary 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 16, 2023.

APPROVAL OF AGENDA
MOTION Councilmember Stewart moved, and Mayor Pro Tem Uhring seconded a motion to approve the agenda. The question was called, and the motion carried unanimously.

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

Speakers: None.

RECESS TO CLOSED SESSION
At 1:02 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

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Personnel Matters pursuant to Government Code Section 54957:

1. Public Employee Performance Evaluation
Title: City Manager
At 3:10 p.m. Mayor Silverstein reconvened the meeting with all Councilmembers present.

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 54956.7 with all Councilmembers present. He stated the Council discussed the item listed on the closed session agenda and took no reportable action.

ADJOURNMENT
At 3:11 p.m., Mayor Silverstein adjourned the meeting.

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

MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
JUNE 26, 2023

COUNCIL CHAMBERS
5:00 P.M.

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

MEETING CALL TO ORDER
Mayor Silverstein 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 Bruce Silverstein; Mayor Pro Tem Steve Uhring; and Councilmembers Paul Grisanti, Marianne Riggins, and Doug Stewart

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

Speakers: None.

RECESS TO CLOSED SESSION
At 5:01 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

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

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

1. Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2)
Development Agreement between the City of Malibu and La Paz Ranch, LLC, regarding the property located at 23465 Civic Center Way Number of potential cases: (1)

2. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9
Number of potential cases: (1)
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Personnel Matters pursuant to Government Code Section 54957:

1. Public Employee Performance Evaluation
Title: City Manager

REGULAR SESSION CALL TO ORDER
Mayor Silverstein called the meeting to order at 6:39 p.m.

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

PRESENT: Mayor Bruce Silverstein; Mayor Pro Tem Steve Uhring; and Councilmembers Paul Grisanti, Marianne Riggins, and Doug Stewart
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Kelsey Pettijohn, City Clerk; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Planning Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Jason Lawrence, Deputy City Clerk; and Tracey Rossine, Environmental Programs Manager

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Uhring led the Pledge of Allegiance.

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 5:00 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Sections 54956.9(d)(1), 54956.9(d)(2), and 54957 with all Councilmembers present. He stated there was no reportable action.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on June 12, 2023, with the amended agenda posted on June 22, 2023.

APPROVAL OF AGENDA
MOTION Councilmember Stewart moved, and Councilmember Grisanti seconded a motion to approve the agenda. The question was called, and the motion carried unanimously.

ITEM 1 CEREMONIAL/PRESENTATIONS
None.

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ITEM 2.A. PUBLIC COMMENTS
Jo Drummond discussed the antennae tower at Santa Monica College (SMC) and requested the tower be reviewed by the City Council or Public Works Commission.

She inquired when the County was notified by City staff that it was not in compliance. She discussed delays in permitting her deck project and stated that she did not understand why it took so long to permit such a small project.

Carl Randall, Chair of the Malibu Facility District Advisory Committee (FDAC), stated that they were tasked with building the new high school and designing the four-phase project for the entire high school and middle school area. He expressed his concern about the impact that the California Coastal Commission’s (CCC) consideration of a one-year extension would have on the project, and stated the delay would cost $13,000,000. He stated that the August 2024 opening of the high school was delayed until August 2025, and it was expected to be delayed even further. He requested that the Council do anything they could to help, because it was ultimately their Local Coastal Program Amendment (LCPA) as well.

In response to Mayor Pro Tem Uhring, Mr. Randall stated that the FDAC was seemingly intentionally excluded from conversations with the CCC who was working directly with the City.

Stacy Rouse, Malibu FDAC member, discussed the potential delay to the Malibu High School (MHS) LCPA and requested intervention from the Council on behalf of the project. She stated that the cost to the taxpayers was astounding, and it was supported by 70 percent of those who voted, so it was something that the City wanted. She stated that the school district, local schools, and the City worked together to get public input on the important project and that it would serve the community. She stated that she wanted governmental agencies to work together for the good of their citizens. She stated that she would do whatever she could to support them in that effort and asked the Council to show their support.

In response to Mayor Silverstein, Ms. Rouse stated that the bond that passed in 2018 was for $195,000,000, which was a large portion of funds going to the first two phases of the project.

Mayor Silverstein inquired if the $195,000,000 was earning some type of return that would help offset some of the loss from the delays.

In response to Mayor Silverstein, Mr. Randall stated the bond funds would not be pulled until they were further into the project and the $13,000,000 figure was the loss estimated by their experts and staff from cost escalations and delays.

In response to Councilmember Stewart, Mr. Randall stated the high school construction project would cost approximately $110,000,000, and $115,000,000 was the hard cost.

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Stan Smith discussed challenges he encountered during the process of trying to rebuild like for like within the legal previously built footprint home that was lost in the Woolsey Fire. He stated that he appreciated the previously granted extensions and requested the Council approve an additional extension of the Woolsey Fire fee waiver program. He discussed delays to his family’s settlement with Southern California Edison and insurance challenges. He discussed his family’s ties to the community and their desire to remain in Malibu.

Lonnie Gordon discussed wireless communications facilities in Malibu and the telecommunications companies’ promise of wireless coverage everywhere. She discussed the City’s wireless ordinances and the difference between right-of-way and private property regulations. She discussed potential health risks and effects of exposure to radio frequencies and wireless radiation. She stated that the Malibu for Safe Tech group of activists and experts worked with the City on ordinances, which included one for facilities in the public right-of-way and a more robust ordinance for facilities on private property. She stated that enhancements to the right-of-way ordinance had yet to be incorporated, as the City decided to wait until the CCC approved the 2021 residential revisions. She stated that the current staff status report had 26 applications inside the residential areas, with more along the major streets like Pacific Coast Highway (PCH) and that staff expected between 50 to 100 more applications immanently, many those in residential areas. She requested that the Council place an item on the agenda for discussion.

W. Scott McCollough stated that he was a telecommunications lawyer and worked with residents, staff, and City Council on the wireless ordinance update two years prior. He discussed current wireless rules as they related to residential areas. He requested Council schedule an item to hear an update from staff on the ordinance, direct staff to recognize residents’ rights to fully participate, and provide timely access to documents. He stated that he was involved with residents on Carbon Mesa Road and followed applications in the city and participated in select cases to assist staff. He commented on the challenges of obtaining timely information from the City. He discussed public safety issues that surrounded telecommunications facilities.

Jenny stated that she spoke to City Council in 2020 and 2021 regarding the seemingly unchecked build out of cell towers. She stated that tremendous work went into the urgency ordinance and Resolution No. 21-17, yet there was a proliferation of telecommunications facilities in neighborhoods, along PCH and Kanan Dume Road, and at the SMC campus. She stated there was no gap in cell coverage anymore to warrant more cell sites, and it was now about one telecommunications company trying to outpace another. She requested that the City Council place an item on the agenda that addressed unfinished business and stated that the community relied on the Council for protection of the residents, children, property values, views, health, and fire safety.

Stephanie Sunwoo discussed concerns about the proliferation Wireless Communications Facilities (WCF) in residential areas and near schools. She stated Malibu City Council
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that she and her neighbors wanted to know what the City Council was doing to make their lives safer with the large influx of cell towers. She requested public records be made available to the community, particularly those that offered proof that staff did their utmost to ensure that cell towers were safe and protected the city from fire. She requested the matter be put on the agenda for a full hearing, including when the City planned on finishing the upgrade to the wireless ordinance.

Ryan Embree discussed the communications tower in front of SMC which belonged to Los Angeles County and had no relation to activities at the college. He stated that it was an eyesore and nearly three times the height of what was allowed under the City’s approval. He stated that it was represented as 75 feet in height on the application to the City, and 91 feet in height on the application to the Federal Aviation Administration (FAA). He stated that the FAA conditioned the tower to have a flashing light on top and be painted colors that conflicted with the City’s conditions of approval. He stated that it was a safety hazard to the existing nearby helipad. He requested compliance or removal of the tower as it was a public safety hazard, nuisance, and violation of local and federal law. He requested the Council direct the Planning Director to hold a publicly noticed revocation hearing before the Planning Commission.

Tim Pera, Mountains Recreation Conservation Authority (MRCA), provided the ranger report. He reported over the past weeks, rangers responded to three rescues with Los Angeles County Fire at Escondido Canyon Trail due to ankle injuries. He reported additional rangers and patrols were implemented at Escondido Trail during the high-traffic weekends for enhanced public safety and traffic control. He reported several illegal parking citations were issued. He reported that rangers continuously patrolled beach access areas daily and issued four citations for people having dogs on the beach and four citations for possession of alcohol at La Chuza Beach and Carbon La Costa.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES Lotte Cherin, Cultural Art Commission, reported that the Commission reviewed, made minor revisions, and approved its work assignments. She stated that the Poet Committee’s Poet Laureate candidate recommendation would be reviewed by the Arts Commission before seeking Council approval. She encouraged the Council to view the Jane Seymour art exhibit.

City Manager McClary reported that he attended a meeting of the Las VirgenesMalibu Council of Governments (COG), where they adopted their budget, approved a letter opposing the Los Angeles County Board of Supervisors motion to depopulate the jails, and received an update on efforts to update their hazard mitigation plan. He reported that he, Mayor Silverstein, and Councilmember Riggins met with CCC staff, and met new CCC Executive Director Dr. Kate Huckelbridge, who planned to visit and tour Malibu. He stated that they discussed the City’s short-term rental (STR) ordinance and the Sea View Hotel project. He announced that the City of Malibu would be closed on July 4, 2023 for the Malibu City Council
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Independence Day holiday. He stated that the pesticide ban Local Coastal Program Amendment (LCPA) policy interpretation would be discussed at the July 10, 2023 City Council meeting. He requested the Council consider directing staff to bring forward an item on the July 10, 2023 meeting agenda to consider taking a position on the CCC extension request for the high school and middle school project. He discussed progress on Assembly Bill 1500, for property tax exemption for homes damaged or destroyed in the Woolsey Fire. He stated that he appreciated the report from the MRCA ranger, and that the City’s Public Safety staff was documenting issues in and around the Winding Way and the Escondido Falls trailhead and noted more than 400 parking citations over the past few months, and at least seven rescues on the trail since the beginning of the year. He stated that City staff would schedule a meeting with MRCA staff to discuss issues and needed safety improvements. He stated that staff would meet with the Los Angeles County Sheriff Department and the Department of Beaches and Harbors to discuss Zuma Beach traffic management for the holiday weekend and thereafter. He stated that the Busch Drive entrance was closed due to stream water flowing through the underpass and stated that the Westward Beach entrance might still be closed during the upcoming weekend due to issues with the concrete path. He stated that there were concerns about traffic backing up onto PCH, and that they would strategize with the Department of Beaches and Harbors and the Sheriff Department to mitigate potential hazards. He announced that all required Planning Department applications for Woolsey Fire rebuild fee waiver projects needed to be deemed complete by the June 30, 2023 deadline, and all required building permits needed to be pulled and issued by December 30, 2023. He stated that there were no firework permits or planned displays off of the coast this year for the July 4, 2023 Independence Day holiday.

Sergeant Chris Soderlund, Los Angeles County Sheriff Department, provided an update on activities by the special assignment deputies over the past two weeks. He reported the afternoon deputies made five misdemeanor arrests and conducted numerous traffic stops. He stated that on June 16, 2023, during a vehicle burglary investigation, they arrested an individual in possession of stolen property and narcotics. He reported that the overnight special assignment deputies made two misdemeanor arrests, assisted regular patrol units with calls, and made a felony arrest of an individual who they contacted about a shopping cart violation on June 22, 2023 during a foot patrol at Legacy Park. He stated that the individual had two outstanding no-bail warrants for narcotics, and one misdemeanor warrant. He reported that on June 19, 2023, in response to an individual trespassing in yards at 31100 Broad Beach Road, the Sheriff helicopter with multiple deputies contained the area and the suspect was found hiding between rocks on the beach. He stated that deputies found that he had broken into two houses, he was arrested and charged with burglary, and was still in jail. He provided beach team statistics for the prior weekend and reported 55 alcohol on the beach citations, 64 traffic citations, and 132 parking citations were issued, and 18 vehicles were towed. He stated that the Sheriff Department would be out in full force over the Independence Day holiday weekend. He reported that deputies responded the prior Saturday to a domestic violence in progress incident at Geoffrey’s restaurant. He stated that the suspect was arrested for suspicion of domestic violence and for possession of a loaded 45 Malibu City Council
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caliber semiautomatic pistol which was found in the vehicle.

In response to Councilmember Stewart, Sergeant Sutherland discussed the temporary day-use impound yard at Malibu High School and stated that it was invaluable for clearing vehicles off PCH, traffic flow, and accident prevention.

Mayor Pro Tem Uhring commented on noise from PCH and encouraged the Sheriff Department to do what they could to reduce noise.

Councilmember Grisanti commented on minibikes without license plates and some riders without helmets that the Sheriff Department turned back and escorted north out of Malibu.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti stated he attended a Topanga Watershed project meeting two weekends prior and met with State Parks staff and discussed low-cost visitor serving accommodation projects that could be eligible for funding in the future. He reported that he attended the COG meeting. He reported that he attended the Sidewalk Session event with Assemblymember Jacqui Irwin and Fire Department Chief Drew Smith on June 24, 2023.

Councilmember Stewart reported that he attended the Administration and Finance Subcommittee meeting and reviewed the budget. He reported that he viewed the Topanga Watershed meeting presentation and attended the COG meeting as an alternate. He stated that he participated with Mayor Pro Tem Uhring in a virtual presentation with local school leaders regarding fund raising efforts in support of school athletic programs. He discussed the one-year delay in building MHS and stated that since the bond was approved November 8, 2018 the cost of construction increased 30 percent, and plans may need to be pared back or more funds raised.

He stated that public and private projects were impacted by delays due to increased costs and inflation. He stated that the City was constrained by federal law regarding wireless communication facilities (WCF), but public records needed to be made available to those concerned who requested access to the documents. He discussed California Highway Patrol vehicles that were visible in the City and expressed his appreciation.

Councilmember Riggins stated that she attended Assemblymember Irwin’s greeting event and it was good to discuss issues with her. She stated she attended the Malibu Creek Restoration meeting and discussed potential impacts the planned removal of the Rindge Dam would have on Malibu. She stated that she attended the local school education funding proposal presentation.

Mayor Pro Tem Uhring reported that he attended the weekly California Strategies meetings. He stated that he attended the Malibu Creek Restoration meeting and was impressed by the team and their proposal. He stated that he spoke with Steve Massetti about CCC delays to the MHS project. He discussed the State Assembly Malibu City Council
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Bill which would allow speed cameras as a pilot program and stated that he hoped Malibu would be included in the program in the future. He discussed a letter he received about the farmers’ market and stated he thought they were doing a good job and he hoped it would remain at Legacy Park. He discussed the negative impacts of corporate-owned STRs on communities and neighborhoods. He discussed the Planning Commission’s election of Chair and Vice Chair at the June 19, 2023 Planning Commission meeting and commented on Commissioner Mazza’s volunteerism and contributions to the City.

Mayor Silverstein stated he attended an Administration and Finance Subcommittee meeting and a meeting on public school funding. He stated that he attended California Strategies virtual meetings and a virtual meeting with CCC staff to discuss STRs. He discussed concerns that public documents were not made available and voiced his confidence that staff would not intentionally hide documents but was concerned information was not readily available due to organizational or staffing issues.

In response to Mayor Silverstein, City Manager McClary stated that the documents in question might have been draft applications that were a work product and not considered a public record but assured him that anything that was public record request would be complied with.

In response to Mayor Silverstein, Interim City Attorney Rusin stated that the materials in question may have been copywritten materials produced for in-person review. He stated that until such materials were presented at a Planning Commission meeting, or an approval issued, the copywrite applied and they would not be able to be reproduced or mailed to requesting parties.

Mayor Silverstein requested specific information on the documents that requesting parties felt were denied but were legally entitled to. He stated that a few months prior he requested an item be placed on an agenda about conforming the wireless right-of-way ordinance to the non-right-of-way ordinance. He stated the right-ofway ordinance was adopted on an accelerated basis, and they then did the non-rightof-way ordinance and looked at it more carefully, and the first one needed to be made consistent with it. He stated that it had made more sense to wait until the CCC approved the ordinance before the City started making changes, but if that was not going to happen soon, they should proceed with bringing it forward without the CCC review.

In response to Mayor Silverstein, Planning Director Mollica discussed the WCF LCPA extension through November 2023. He stated that the CCC passed a oneyear extension in November 2022, and he spoke against it and that the City understood that CCC staff was burdened and offered to help them to get it on track, but the extension was approved. He stated that staff had requested feedback, but none was provided, and stated that he would follow up with them.

Mayor Silverstein thanked him, and stated November 2023 was coming up a lot Malibu City Council
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sooner than when he first spoke about the matter many months ago.

CONSENSUS
By consensus, the Council directed staff to bring back an item at the August 14, 2023 Regular meeting to receive a report from staff and consider giving direction on modifying the Wireless Communication Facility right-of-way ordinance.

In response to public comment, Mayor Silverstein indicated support for proving additional relief for residents eligible for a Woolsey Fire Rebuild fee waiver and stated that litigation with SCE lasted much longer than anyone anticipated and moved slowly. He suggested staff develop a limited further waiver for certain residents who wished to rebuild like-for-like.

ITEM 3 CONSENT CALENDAR
Item Nos. 3.B.5., 3.B.7., 3.B.12., and 3.B.16. were pulled by the public. Item No.

3.B.2. was pulled by the Council.

MOTION Mayor Silverstein moved, and Councilmember Riggins seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.B.2., 3.B.5., 3.B.7., 3.B.12., and

3.B.16. The question was called, and the motion carried unanimously, Councilmembers Riggins and Stewart abstaining from Item No. 3.B.3.

The Consent Calendar consisted of the following items:

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.

3. Approval of Minutes
Recommended Action: Approve the minutes for the April 13, 2022 Malibu City Council Special meeting, April 25, 2022 Malibu City Council Regular meeting, and April 27, 2022 Malibu City Council Special meeting.

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

6. Professional Services Agreement with Rincon Consultants, Inc.

Recommended Action: Authorize the Mayor to execute a professional services agreement with Rincon Consultants, Inc. to provide water quality monitoring services for the Civic Center Wastewater Treatment Facility.

8. Amendment to Agreement with True North Compliance Services, Inc. to Provide Professional Consulting Plan Check Services
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Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Agreement with True North Compliance Services to allow for a one-year extension of the existing agreement through June 30, 2024.

9. Professional Services Agreement for Solid Waste Consulting Services Recommended Action: 1) Authorize the Mayor to execute a professional services agreement with Solid Waste Solutions, Inc. to provide primary solid waste consulting services; and 2) Authorize the Mayor to execute a professional services agreement with SCS Engineers as a secondary consultant.

10. Amendment to License Agreement for Radio Transmitter Site Recommended Action: Authorize the Mayor to execute an amendment to a license agreement with Point Dume Ltd. to extend the license term for an additional ten-year period.

11. Amendment to Professional Services Agreement with NV5, Inc.

Recommended Action: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with NV5, Inc. to modify their scope of work for the Pacific Coast Highway Median Improvements and Pacific Coast Highway Signal Synchronization System Improvements Projects.

13. City Hall Closure – July 3, 2023
Recommended Action: Authorize closing City Hall on Monday, July 3, 2023.

14. Investment Report for the Month Ending May 31, 2023 Recommended Action: Receive the Investment Report for the month ending May 31, 2023.

15. Fiscal Year 2022-2023 Third Quarter Financial Report Recommended Action: Receive and file the Fiscal Year 2022-23 Third Quarter Financial Report.

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

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 69429-69551 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. 727 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $757,138.00. City of Malibu payroll check number 5349-5352 and ACH deposits were issued in the amount of $1,426.13.

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

The Council directed questions to staff.

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MOTION Mayor Pro Tem Uhring moved, and Councilmember Grisanti seconded a motion to allow and approve warrant demand numbers 69429-69551 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. 727 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $757,138.00. City of Malibu payroll check number 5349-5352 and ACH deposits were issued in the amount of $1,426.13. The question was called, and the motion carried unanimously.

5. Commission Work Assignments for Fiscal Year 2023-24
Recommended Action: Approve work assignments for the Harry Barovsky Memorial Youth Commission, Malibu Arts Commission, Parks and Recreation Commission, Public Safety Commission and Public Works Commission for Fiscal Year 2023-24.

Mayor Silverstein opened the floor to public comment.

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

The Council discussed the item and directed questions to staff.

MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to approve work assignments for the Harry Barovsky Memorial Youth Commission, Malibu Arts Commission, Parks and Recreation Commission (as amended to add an assignment to consider potential uses for the Equestrian Park), Public Safety Commission, and Public Works Commission (as amended to add an assignment to evaluate needs and coverage for cellular and internet services and make a recommendation to the City Council) for Fiscal Year 2023-24.

The Council discussed the motion and directed questions to staff.

The question was called, and the motion carried unanimously.

7. Amendment to Agreement with Cotton, Shires & Associates to Provide Professional Consulting Geology Services
Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Agreement with Cotton, Shires & Associates to allow for a one-year extension of the existing agreement through June 30, 2024, and to update the rates for professional services.

Environmental Sustainability Director Bundy presented the staff report.

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The Council directed questions to staff and Mike Phipps, Cotton, Shires & Associates.

Mayor Silverstein opened the floor to public comment.

Speakers: Marissa Coughlan, Jo Drummond, Kim Durst, Ryan Embree, and Howard Rudzki
As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.

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

Phipps.

MOTION Councilmember Riggins moved, and Councilmember Stewart seconded a motion to authorize the Mayor to execute Amendment No. 1 to Agreement with Cotton, Shires & Associates to allow for a one-year extension of the existing agreement through June 30, 2024, and to update the rates for professional services.

The Council discussed the motion and directed questions to staff.

The question was called, and the motion carried unanimously.

12. Award Agreement for Wireless Communication Facility Application Review Services
Recommended Action: Authorize the Mayor to execute the Professional Services Agreement with Center for Municipal Solutions for Wireless Permit and Wireless Right-of-Way Permit application review services for a period of five years.

Mayor Silverstein opened the floor to public comment.

Speakers: Vanessa Garcia, Lynn Dornhelm, and W. Scott McCollough As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

MOTION Mayor Silverstein moved, and Councilmember Grisanti seconded a motion to authorize the Mayor to execute the Professional Services Agreement with Center for Municipal Solutions for Wireless Permit and Wireless Right-ofWay Permit application review services for a period of five years. The question was called, and the motion carried unanimously.

16. Broad Beach Geological Hazard Abatement District Status Malibu City Council
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Recommended Action: Receive an update on the Broad Beach Geological Hazard Abatement District.

Public Works Director DuBoux presented the staff report.

The Council directed questions to staff.

Mayor Silverstein opened the floor to public comment.

Speakers: Pam Eilersim, Mikke Pierson, Ken Ehrlich, Tim Biglow, and Hans Laetz
As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.

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

Ehrlich.

Mayor Silverstein received and filed the update on the Broad Beach Geological Hazard Abatement District.

RECESS At 9:43 p.m., Mayor Silverstein recessed the meeting. The meeting resumed at 9:59 p.m. with all Councilmembers present.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. Proposed Budget for Fiscal Year 2023-24
Recommended Action: 1) Adopt Resolution No. 23-30 adopting the Annual Budget for Fiscal Year 2023-24; 2) Adopt Resolution No. 23-31 establishing the Appropriations Limit for Fiscal Year 2023-24; 3) Adopt Resolution No. 23-32 approving the Fiscal Year 2023-24 Authorized Positions and Salary Ranges and the Deputy Public Works Director-Maintenance and Operations, and Engineering Technician Job Specifications; 4) Adopt Resolution No. 23-33 establishing the City’s CalPERS Contribution Portion; and 5) Adopt Resolution No. 23-34 amending the Personnel System Rules.

Assistant City Manager Toney presented the staff report.

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

The Council discussed the item and directed questions to staff.

CONSENSUS
By consensus, the Council directed staff to bring back an item to consider adopting Juneteenth as a holiday in the City of Malibu.

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MOTION Mayor Silverstein moved, and Councilmember Riggins seconded a motion to: 1) adopt Resolution No. 23-30 adopting the Annual Budget for Fiscal Year 2023-24; 2) adopt Resolution No. 23-31 establishing the Appropriations Limit for Fiscal Year 2023-24; 3) adopt Resolution No. 23-32 approving the Fiscal Year 2023-24 Authorized Positions and Salary Ranges and the Deputy Public Works DirectorMaintenance and Operations, and Engineering Technician Job Specifications; 4) adopt Resolution No. 23-33 establishing the City’s CalPERS Contribution Portion; and 5) adopt Resolution No. 23-34 amending the Personnel System Rules. The question was called, and the motion carried unanimously.

B. Collection of Fees for the Implementation of the California Integrated Waste Management Act within the Malibu Garbage Disposal District Recommended Action: 1) Conduct the public hearing; and 2) Adopt Resolution No. 23-35 authorizing collection on the County Tax Roll of a fee from residential and commercial premises for the cost of preparing, adopting and implementing the City’s Source Reduction and Recycling Element and Household Hazardous Waste Element imposed by Resolution No. 03-30.

Environmental Sustainability Director Bundy presented the staff report.

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

MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to adopt Resolution No. 23-35 authorizing collection on the County Tax Roll of a fee from residential and commercial premises for the cost of preparing, adopting, and implementing the City’s Source Reduction and Recycling Element and Household Hazardous Waste Element imposed by Resolution No. 03-30. The question was called, and the motion carried unanimously.

C. Consideration of Local Coastal Program Amendment No. 16-006 (Sea View Hotel Project)
Recommended Action: 1) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 508, an ordinance of the City of Malibu amending Local Coastal Program Amendment (LCPA) No. 16-006 as adopted by Ordinance No. 491 pursuant to the conditional certification action taken by the California Coastal Commission (CCC) on February 8, 2023 in order to obtain final certification of the submitted LCPA application to amend the Local Coastal Program Land Use Map to revise the zoning designation from Commercial General to Commercial Visitor Serving-2, amend the Local Implementation Plan and to create a new Sea View Hotel Overlay District with associated development standards, including the proposed floor area ratio of 0.52 for the public benefits provided by the project for 22741 and 22729 Pacific Coast Highway, and finding the action to require no further environmental review and/or to be exempt from such review under the California environmental quality act; 2) Direct staff to schedule a second reading and adoption of Ordinance No. 508 for the July 10, 2022 Malibu City Council
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Regular City Council meeting; and 3) Direct staff to notify the CCC when the LCPA has been adopted.

Planning Director Mollica presented the staff report.

Mayor Silverstein opened the floor to public comment.

Speakers: David Kramer (Andrew Kramer deferred time to David Kramer), Steve Wiseman, Jefferson Wagner, Robert Gold, Bill Curtis, Fred Gaines (Luis Tena and Carrie Kim deferred time to Mr. Gaines), Norm Haynie, Scott Dittrich, Ellen Wolf, and Rick Mullen
As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.

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

MOTION Mayor Silverstein moved to request an extension from the California Coastal Commission.

The motion died on the floor due to lack of a second.

The Council discussed the item and directed questions to staff.

MOTION Councilmember Grisanti moved, and Councilmember Stewart seconded a motion to 1) introduce on first reading Ordinance No. 508, an ordinance of the City of Malibu amending Local Coastal Program Amendment (LCPA) No. 16-006 as adopted by Ordinance No. 491 pursuant to the conditional certification action taken by the California Coastal Commission (CCC) on February 8, 2023 in order to obtain final certification of the submitted LCPA application to amend the Local Coastal Program Land Use Map to revise the zoning designation from Commercial General to Commercial Visitor Serving-2, amend the Local Implementation Plan and to create a new Sea View Hotel Overlay District with associated development standards, including the proposed floor area ratio of 0.52 for the public benefits provided by the project for 22741 and 22729 Pacific Coast Highway, and finding the action to require no further environmental review and/or to be exempt from such review under the California environmental quality act; 2) direct staff to schedule a second reading and adoption of Ordinance No. 508 for the July 10, 2023 Regular City Council meeting; and 3) direct staff to notify the CCC when the LCPA has been adopted.

The Council discussed the motion.

City Attorney Rusin read the title of the ordinance.

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

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ITEM 5 OLD BUSINESS
None.

ITEM 6 NEW BUSINESS
None.

ITEM 7 COUNCIL ITEMS
None.

ADJOURNMENT
Mayor Silverstein adjourned the meeting at 11:15 p.m.

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

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Agenda Item # 3.B.4.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Steve McClary, City Manager
Date prepared: January 3, 2024 Meeting date: January 22, 2024 Subject: Amendment to Professional Services Agreement with California Skateparks
RECOMMENDED ACTION: 1) Authorize the Mayor to execute Amendment No. 3 to the Professional Services Agreement with California Skateparks in the amount of $68,400, 2) Appropriate $68,400 from the Designated Reserve for the Case/Crummer Parcel to Account Number 310-9090-5100-00 (CIP – Skate Park).

FISCAL IMPACT: An appropriation of $68,400 from the Designated Reserve for the Case/Crummer Parcel to Account Number 310-9090-5100-00 (CIP – Skate Park) is needed for Amendment No.3 to the Agreement with California Skateparks. The projected Designated Reserve for the Case/Crummer Parcel on June 30, 2023, is $347,479.

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

DISCUSSION: On February 24, 2020, the Council approved a Professional Services Agreement (Agreement) with California Skateparks (Consultant) to provide design services and construction documents for the Permanent Skate Park (Skate Park). The Agreement included work related to the public design process, design engineering, and construction documents.

On May 24, 2021, the Council approved Amendment No. 1 with the Consultant to prepare architectural design plans for drainage, grading, erosion control, stormwater control, landscaping, and project coordination and administration. The Civil Engineering and Landscape Architect working with the Consultant is RRM Design Group (Subconsultant). The Subconsultant has successfully worked with City staff to prepare City Council Meeting
01-22-24
Item

3.B.4.
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Agenda Item # 3.B.4.
design documents for the Coastal Development Permit, Environmental Review Board (ERB), and Planning Commission Meetings.

The original landscape plan excluded an irrigation system. It included a mixture of hydroseed and native plants, requiring staff to hand water landscaped areas for over a year until plant establishment. Following an analysis of the design, staff proposes adding an irrigation system to the Skate Park landscape plan. Native landscaped areas take up to a year to establish, and regularly scheduled irrigation would increase the likelihood of successful plantings and less plant dieback. A consistent watering schedule will ensure plants will be robust and aesthetically pleasing throughout the year. Additionally, it would eliminate the need for maintenance staff to complete daily to weekly hand watering. The City will use recycled water to irrigate native vegetation and trees along the perimeter of the Skate Park and planters.

On August 15, 2023, the Parks and Recreation Commission approved a recommendation to add a permanent restroom facility to the Skate Park. This amenity will improve access to restrooms at the Skate Park and adjacent baseball fields. The closest permanent restroom facility is at the Michael Landon Center, approximately 700 feet from the Skate Park. The Consultant will prepare Civil Engineering and schematics for domestic and recycled water services.

Additional services provided by the Consultant and Subconsultant that were not included in the original Scope of Work include the coordination and attendance at public meetings such as ERB and Planning Commission.

Staff worked with the Consultant to prepare a proposal for the additional work (Attachment). The proposed cost for the work is $53,800, which includes:
• Design and construction management
• Preparation of architecture design plans for City Council review • Irrigation plans and system layout, main line, automatic controller, piping, and locations of hydro zones for non-potable water sources
• Landscape construction plans
• Civil engineering for areas of the project not included in the Agreement • Project coordination and administration, where needed The proposal also includes $14,600 in variable costs for landscape and skatepark construction administration, which would be reduced if staff could assist in those areas.

On December 18, 2023, the Administration and Finance Subcommittee reviewed and recommended the appropriation of $68,400 from the Designated Reserve for the Case/Crummer Parcel, which has a balance of $347,479.
2

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Agenda Item # 3.B.4.

Staff recommends authorizing the Mayor to execute Amendment No. 3 to the Professional Services Agreement with California Skateparks for design, engineering, and construction management services for the Skate Park. The design elements were presented as part of the Coastal Development Permit No. 23-001 and approved by the Planning Commission on November 30, 2023.

ATTACHMENTS: Amendment No. 3 to Agreement with California Skateparks 3 AMENDMENT NO. 3 TO AGREEMENT
THIS AMENDMENT NO. 3 TO AGREEMENT is made and entered in the City of Malibu on January 22, 2024, by and between the CITY OF MALIBU (hereinafter referred to as “City”), and California Skateparks (hereinafter referred to as “Consultant”).

The City and the Consultant agree as follows:

R E C I T A L S
A. On February 24, 2020, the City entered into a Professional Services Agreement (“Agreement”) with the Consultant for the design of a permanent skate park.

B. On May 24, 2021, the City approved Amendment No. 1 for the Consultant to provide additional engineering and architectural design plan services for the permanent skate park.

C. On February 13, 2023, the City approved Amendment No. 2, extending the term of the Agreement with the Consultant to February 24, 2024.

D. The City desires to amend the Agreement to extend the term by one year and for the Consultant to provide construction management and additional engineering and architectural design plans related to the irrigation system and restroom facilities. The Consultant has submitted a proposal for this purpose that is acceptable to the City.

NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows:

1. Section 1.0 – Scope of the Consultant’s Services of the Agreement, is hereby amended as set forth in Exhibit C attached hereto shall be in addition to Exhibit A and Exhibit B.

2. Section 2.0 – Term of Agreement is hereby extended to February 24, 2025.

3. Section 4.0 – Compensation for Services of the Agreement, is hereby amended as set forth in Exhibit C attached hereto shall be in addition to Exhibit A and Exhibit B. The total cost for services contemplated by Exhibit C shall not exceed $68,400 for a total not to exceed the cost of $184,400. The Consultant shall only bill the City for hours actually worked and services provided.

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

5. All terms and conditions of the Agreement, Amendment No. 1 not amended by this Amendment No. 3 remain in full force and effect.

This Agreement is executed on ________________, 2024, at Malibu, California, and effective as of January 23, 2024.
[Signature Page(s) to Follow]
4 Amendment No. 3 to Agreement
California Skateparks

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ATTEST: ____________________________________ KELSEY PETTIJOHN, City Clerk (seal)
APPROVED AS TO FORM: CONSULTANT: _____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney JOSEPH CIAGLIA JR., President California Skateparks
5 Proposal
California Skateparks | 273 N Benson Ave, Upland, CA 91786 | (909) 949-1601 | F: (909) 608-0212 californiaskateparks.com | Page 1 of 2
DATE: December 12, 2023
TO: City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265-4861
RE: City of Malibu Permanent Skatepark Amendment 3
The California Skateparks (CSP) project team is prepared to perform all the necessary work to complete this centered on providing the highest level of service to you while exceeding all project goals and expectations.

This proposal, should it be accepted by you, shall be considered the outlined scope of work for additional services for the Malibu Buffs Permanent Skatepark.

CSP will perform the scope of work outlined below for the Project as follows:

1. Design & Consultant Management
o Prepare and provide design exhibits to gain approval from city council and stakeholders. o Modify and update CDs and Specifications to account for the updated design. o Provide additional city-requested items that have been completed and were not included in the original contract including: coordination and attendance to the Environmental Review Board hearing, coordination and attendance to the Planning Commission hearing, and design revisions to preliminary plans in preparation of public meetings. o Management of added subconsultant scope of work.

2. Landscape by Subconsultant*
Irrigation Plans and Details, Landscape Construction Plans and Details, Irrigation and Landscape Construction Specifications
o 90% PS&E
o 100% PS&E
o Final PS&E (Bid-Set)
o Project Coordination and Meetings

3. Civil by Subconsultant*
o Additional CD Updates Civil
o Domestic and Reclaimed Water Service Coordination
o Project Coordination and Meetings - Civil

4. Optional Tasks by Subconsultant*
o Landscape Construction Administration
o Additional City-Requested Plan Revisions or Exhibits
Additional services shall be billed per the subconsultants rate schedule** plus 10%.

5. Optional Tasks by CSP
o Skatepark Construction Administration
CSP will review and respond to, up to six (6), of submittals and/or requests for information (RFI) and provide general assistance with regard to the skatepark.

CSP will perform four (4) site visits to review construction progress and provide a summary report to the city.

CSP shall not be responsible for construction means, methods, techniques, sequences, procedures, or for the contractor's failure to carry out the work per local codes, ordinances, and guidelines.
o Additional City-Requested Design Modifications, Plan Revisions, Exhibits, Renders, RFIs, and Site Visits, shall be billed additionally per our Rate Schedule***. *Scope of Work performed by the Subconsultant is further detailed in the attached 6 California Skateparks | 273 N Benson Ave, Upland, CA 91786 | (909) 949-1601 | F: (909) 608-0212 californiaskateparks.com | Page 2 of 2
Pricing
This pricing includes all the services described above. Pricing may be modified by design modifications and upon mutual agreement.

Scope of Work Amount

1. Design & Consultant Management $8,000

2. Landscape by Subconsultant $25,400

3. Civil by Subconsultant $15,400

4. Added City-Requested Plan Revisions or Exhibits** $5,000 TOTAL PROPOSAL AMOUNT $53,800

5. Optional/Additional by Subconsultant Amount
Landscape Construction Administration $4,600

6. Optional/Additional by CSP Amount
Skatepark Construction Administration $10,000
Added City-Requested Mods, Revisions, Exhibits*** T&M
Exhibit 1
** Subconsultant Time and Material Rates and fees are . Exclusions Any Work Outside the Skatepark, Any Permits or Related Fees Additional subconsultant Exhibit 1

AGREEMENT
This proposal represents the entire agreement for the project and services above. The above scope of work and specifications are satisfactory and hereby accepted.

Client Date California Skateparks Date
7 3765 S. Higuera St., Ste. 102 • San Luis Obispo, CA 93401 p: (805) 543-1794 • f: (805) 543-4609
www.rrmdesign.com
a California corporation Lenny Grant, Architect C26973 Robert Camacho, PE 76597 Steve Webster, LS 7561 Jeff Ferber, LA 2844 ADD. SERVICE AUTHORIZATION
Date: December 07, 2023
Client: California Skate Parks Task ID Number: C.2.1-C.2.3, L.1- L.6, C.8-C.9, C.5.1
Project Name: Malibu Skate Park Civil Engineering
and Landscape Architecture
Project Number: 2314-01-RC21

DESCRIPTION OF WORK TO BE PERFORMED
RRM Design Group, a California Corporation (“RRM Design Group”), has entered into an agreement with California Skate Parks (the “Client”) with an effective date of May 24, 2021 (the “Prime Agreement”) for the project: Malibu Skate Park Civil Engineering and Landscape Architecture (the “Project”). Additional Services Authorized by the Client are subject to the Terms and Conditions of the Prime Agreement.

In addition to the RRM Civil Engineering and Landscape Architecture services provided in the Prime Agreement (dated July 12, 2021), RRM Design Group is proposing the following tasks to develop a complete set of construction documents as required to obtain building permits for the construction of the Malibu Bluffs Skate Park.

Landscape Construction Documents
The existing authorized Task C.2 includes the scope and fee for landscape construction documents and specifications related to planting only. Excluded from the previous agreement are the following supplemental documents needed for building permit issuance and final approvals.

Irrigation Plans and Details
The irrigation plans will detail items such as irrigation system layout, main line, automatic controller, head layout, piping, valve quantities, and locations indicating hydrozones for nonpotable water sources. In support of the irrigation plans, we will prepare irrigation details that specify the method of construction and proper irrigation system component procedures. This task includes water-use budgeting and calculations where needed to satisfy the requirements of California’s Model Water Efficient Landscape Ordinance (MWELO) and the City of Malibu’s development requirements.

Landscape Construction Plans and Details
Construction plans for the skate park layout with a keynoting system that identifies landscape construction items and references to appropriate details. This plan will include and annotate site 8 Malibu Skate Park Civil Engineering and Landscape Architecture Additional Service Authorization
December 8, 2023

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features, hardscape finishes, locations of paving materials, fences, and site furnishings. Retaining wall design and details (plan, profile, reinforcement, footings, and calculations) are assumed to be covered in the structural and/or civil engineering scope of services and are therefore excluded from this landscape architectural task.

Details for landscape construction items will be illustrated on the construction plans. The details will specify materials, dimensions, colors, and finishes and will be keyed to the plan. Pavement and flatwork design will be based on the project geotechnical report’s recommendations and provided by RRM Civil Engineering in conjunction with California Skate Parks.

Irrigation and Landscape Construction Specifications
As a supplement to the current contract agreement, the landscape construction documents outlined below will include technical specifications (CSI Division 32, as applicable) with provisions for irrigation and landscape construction items. This scope assumes that all general provision specification sections related to this project will be provided by others. Specifications, in sheet format, shall be provided with the 100% and bid-ready submittals of landscape construction documents.

Subtask C.2.1: 90% PS&E
RRM Landscape Architecture will prepare 90% completed construction documents for the initial submittal to the building department. The intent of this PS&E set is to incorporate design revisions based on comments provided by the City and the Environmental Review Board, and/or verify that the design direction is aligned with the requirements necessary to obtain remaining approvals and building permits. The Client will provide consolidated comments for the design team to incorporate and respond to prior to the completion of the deliverables in this task.

Deliverables:

One (1) draft submittal of 90% PS&E (digital PDF format) for Client review One (1) final submittal of 90% PS&E (digital PDF format) for City Building Department Permit submittal #1
Fixed Fee:
$6,400 (see footnote A)
Subtask C.2.2: 100% PS&E
RRM Landscape Architecture will prepare 100% completed construction documents for submittal #2 to the City’s Building Department for permit. The PS&E drawings in this task will incorporate minor revisions to address comments provided by the Client and Building Department in plan check #1. The City will distribute the set to all relevant departments, consolidate the various comments into a single list document, and reconcile conflicting comments from different plan reviewers prior to distributing to RRM. 9 Malibu Skate Park Civil Engineering and Landscape Architecture Additional Service Authorization
December 8, 2023

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Deliverables:

One (1) draft submittal of 100% PS&E (digital PDF format) for Client review One (1) final submittal of 100% PS&E (digital PDF format) for City Building Department submittal #2
Fixed Fee:
$8,600 (see footnote A)
Subtask C.2.3: Final PS&E (Bid-Set)
RRM Landscape Architecture will update the 100% PS&E package based on City plan-check comments and resubmit to the City for back-checking. When the plans are approved through all relevant departments, RRM will prepare and package the bid-ready PS&E submittal and submit the package electronically to the City.

Deliverables:

One (1) round of minor back-check comments and responses (digital PDF format) One (1) final PS&E Bid-Set package (digital PDF format) Fixed Fee:
$6,800 (see footnote A)
Subtask L.1: Project Coordination and Meetings – Landscape Architecture The budget for the existing authorized Task C.5 has been reached based on additional Cityrequested work not previously scoped, and an expanded budget is requested to proceed.

Additional City-requested items not included in the existing contract that have been completed to date ; coordination and attendance to the Environmental Review Board hearing, coordination and attendance to the Planning Commission hearing, and design revisions to preliminary plans in preparation of public meetings. At this time, the additional scope and fees proposed herein cover RRM’s continued coordination with the Client, City staff, and design team on an ongoing basis, as needed, to complete the deliverables required for permit processing and City approvals. This task includes internal QA/QC, constructability review, schedule maintenance, day-to-day coordination, general correspondence, and video conferencing. The fee estimate is based on the following assumptions that can be modified at the discretion of the City:

Deliverables:

Ongoing project coordination and correspondence with the Client and project team as needed Three (3) meetings with Client and/or design team to review milestone deliverables outlined above
One (1) meeting with Client and/or design team to review City requested design revisions and/or Environmental Review Board comments
Two (2) meetings with Client, design team, planner, or agency to review plan check comments 10 Malibu Skate Park Civil Engineering and Landscape Architecture Additional Service Authorization
December 8, 2023

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Fixed Fee:
$3,600 (see footnote A)
Subtask L.2: Additional City-Requested Plan Revisions or Exhibits The City may request additional revisions and/or exhibits beyond those listed in the checklists required for approvals and building permits. RRM Landscape Architecture will provide exhibits and/or revise the construction documents and corresponding design base files as needed to assist the City in obtaining approvals. This task is billed on a time and material basis at the discretion of the City and shall only be executed by RRM upon written authorization to proceed.

Estimated Fee: Time and Materials
$5,000 (see footnote B)
Subtask L.3: (Optional) Landscape Construction Administration RRM Landscape Architecture will review and respond to the contractor’s submittals and requests for information (RFI) and provide general assistance on landscape-related items for the Client during the construction period. RRM anticipates up to five RFIs and five landscape review submittals. This task includes up to two site visits to review construction progress and to conduct a final walk and punch list.

Deliverables:

Up to five (5) RFI responses and five (5) submittals
Up to two (2) site visits, which include a final walk-through and punch list Fixed Fee:
$4,600 (see footnote A)
Subtask C.8: Additional Construction Document Updates – Civil Engineering RRM Civil Engineering will provide revisions to construction documents as needed for the City’s Community Services Department. The City will provide consolidated comments and conditions of approval in writing for the design team to respond to in the subsequent task.

Deliverables:

One (1) draft submittal of 90% CDs (digital PDF format) for Client review One (1) final submittal of 90% CDs (digital PDF format) for Planning Commission review Fixed Fee:
$8,200 (see footnote)
11 Malibu Skate Park Civil Engineering and Landscape Architecture Additional Service Authorization
December 8, 2023

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Subtask C.9: Domestic and Reclaimed Water Service Coordination RRM will coordinate directly with Los Angeles County Waterworks District 29 to obtain domestic water and reclaimed water service letters. RRM will provide demand calculations and schematic exhibits for each of the jurisdictions and assist in completing necessary applications.

This task does not include construction-level drawings that may be required by the District.

RRM will provide a separate proposal (if required) for this task once a direction is given by the jurisdiction.

Deliverables:

Schematic exhibits/service applications
Fixed Fee:
$3,600 (see footnote A)
Subtask C.5.1: Project Coordination and Meetings – Civil Engineering The budget for the existing authorized Task C.5 has been reached based on additional Cityrequested work not previously scoped, and an expanded budget is requested to proceed.

Additional City-requested items not included in the existing contract that have been completed to date include coordination and attendance at the Planning Commission hearing and design revisions to preliminary plans in preparation for public meetings. At this time, the additional scope and fees proposed herein cover RRM’s continued coordination with the Client, City staff, and design team on an ongoing basis as needed to complete the deliverables required for permit processing and City approvals. This task includes internal QA/QC, constructability review, schedule maintenance, day-to-day coordination, general correspondence, and video conferencing. The fee estimate is based on the following assumptions that can be modified at the discretion of the City:

Deliverables:

Ongoing project coordination and correspondence with the Client and project team as needed Two (2) meetings with Client and/or design team to review milestone deliverables outlined above
One (1) meeting with Client and/or design team to review City requested design revisions Two (2) meetings with Client, design team, planner, or agency to review plan check comments Fixed Fee:
$3,600 (see footnote A)

LIMITATIONS OF SCOPE AND EXCLUSIONS
Please note that the tasks to be performed by the RRM team are limited purely to those outlined above. Substantive changes requested by the Client or changes in the Client’s program or direction that are inconsistent with prior approvals are subject to additional services fees. 12 Malibu Skate Park Civil Engineering and Landscape Architecture Additional Service Authorization
December 8, 2023

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Any additional services that RRM Design Group is asked to perform over and beyond those described above will be billed on a negotiated and Client-approved, fixed-fee, or hourly basis per the terms of the Prime Agreement.

The following services or tasks are specifically excluded from the scope:

Additional rounds of City review beyond those specifically listed above Value engineering, project construction scheduling and/or phasing plan Multiple bid packages for phased construction
Off-site improvements/public right-of-way design and coordination Separate plan packages for on-site and off-site improvements Attendance to public hearings other than those listed in previous contract Soils engineering/infiltration tests
Environmental, biological, or cultural coordination and studies Photometrics analysis, lighting schedules, and/or lighting studies Electrical plans and/or MEP coordination
Structural engineering and/or calculations
Project signage program, signage design, and detailing
Coordination of hazardous materials removal and/or abatement Design changes based on revisions to building codes or other regulations LEED or other Green Building program coordination
Arborist services or reports (available upon request)
Security or entertainment systems design/coordination
Special environmental studies and reports
Three-dimensional presentation models, perspectives, and photo simulations (available upon request)
Title company services
CASP review/inspection/auditing
Traffic-related engineering services
QSP (SWPPP) inspection services
EV chargers
Photovoltaic system design
Marketing graphics or other promotional materials
Substitution requests after completion of bid phase
Meeting minutes
Project record and/or as-built drawings
Post-occupancy evaluations
Design of retaining walls and skate park site elements
Traffic control plans/construction activity management plan 13 Malibu Skate Park Civil Engineering and Landscape Architecture Additional Service Authorization
December 8, 2023

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TASK AND FEE SUMMARY

TASK DESCRIPTION FIXED FEE
(see footnote A)
T&M
(see footnote B)
C.2.1 90% PS&E $ 6,400
C.2.2 100% PS&E $ 8,600
C.2.3 Final PS&E (Bid-Set) $ 6,800
L.1 Project Coordination and Meetings - Landscape $ 3,600 L.2 Additional City-Requested Plan Revisions or Exhibits $ 5,000 C.8 Additional Construction Document Updates – Civil $ 8,200 C.9 Domestic and Reclaimed Water Service
Coordination $ 3,600
C.5.1 Project Coordination and Meetings – Civil $ 3,600 SUBTOTAL: $ 40,800 $ 5,000
TOTAL ADDITIONAL SERVICES: $45,800

OPTIONAL TASKS

TASK DESCRIPTION FIXED FEE
(see footnote A)
L.3 (Optional) Landscape Construction Administration $ 4,600 Fee Footnotes
A. Fixed fee tasks will be billed as the work progresses until the task is completed, and the total amount stated in the contract for the task is invoiced.

B. Estimated fees for tasks shown as “Time and Materials” (T&M) are provided for informational purposes. Amounts billed for these tasks, which will reflect actual hours worked, may be more or less than the estimate given.
14 Malibu Skate Park Civil Engineering and Landscape Architecture Additional Service Authorization
December 8, 2023

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Any work outside the scope of the original agreement between RRM Design Group and the Client, and authorized by the Client, is subject to the Terms and Conditions of the Prime Agreement.

AUTHORIZATION TO PROCEED BY CLIENT REPRESENTATIVE:

Sign Date
Print Name, Title
djphttps://rrmdesigngroup-my.sharepoint.com/personal/djpearson_rrmdesign_com/Documents/Malibu ASA_Addendum 1_2023-12-07-djp.docx 15 EXHIBIT SCHEDULE 1
Bill Rate Ranges
Subject to change effective March 1st each year

ARCHITECTURE INTERIOR DESIGN
Architect 95$ - 155$ Designer I 55$ - 85$
Assistant Manager of Architecture 130$ - 195$ Designer II 65$ - 115$ Design Director 145$ - 240$ Interior Designer I 75$ - 125$ Designer I 70$ - 100$ Interior Designer II 90$ - 150$
Designer II 80$ - 125$ Intern 45$ - 80$
Designer III 90$ - 150$ Senior Interior Designer 110$ - 195$ Intern 45$ - 80$
Job Captain 90$ - 150$ LANDSCAPE ARCHITECTURE
Manager of Architecture 145$ - 255$ Assistant Designer 70$ - 110$ Principal 180$ - 350$ Associate Designer 80$ - 125$
Project Architect 110$ - 185$ Designer 95$ - 135$
Project Designer 110$ - 180$ Intern 45$ - 80$
Project Manager 110$ - 185$ Landscape Architect 95$ - 145$ Senior Architect 135$ - 220$ Manager of Landscape Architecture 150$ - 245$ Senior Designer 135$ - 210$ Principal 180$ - 350$
Senior Project Manager 135$ - 230$ Principal Landscape Architect 135$ - 235$ Senior Designer 105$ - 165$
ENGINEERING & SURVEYING Senior Landscape Architect 110$ - 175$ Associate Engineer 90$ - 135$
Construction Inspector 105$ - 175$ PLANNING
Designer I 55$ - 95$ Assistant Planner 75$ - 120$
Designer II 75$ - 120$ Associate Planner 90$ - 155$
Designer III (Structural) 90$ - 135$ Intern 45$ - 80$
Engineer I 85$ - 135$ Manager of Planning 145$ - 26$
Engineer II 105$ - 160$ Principal 180$ - 350$
Land Surveyor 115$ - 160$ Principal Planner 140$ - 250$ Manager of Engineering Services 170$ - 280$ Senior Planner 115$ - 205$ Manager of Surveying 150$ - 230$ Senior Urban Designer 115$ - 205$ Party Chief 90$ - 145$ Urban Designer 90$ - 155$
Principal 180$ - 350$
Project Engineer 125$ - 180$ CORPORATE SERVICES
Project Manager 145$ - 230$ Accounting Specialist 60$ - 110$ Senior Associate Engineer 110$ - 185$ Business Development Coordinator 85$ - 135$ Senior Designer 110$ - 185$ Chief Executive Officer 195$ - 500$ Senior Land Surveyor 130$ - 195$ Graphic Designer 80$ - 135$ Senior Party Chief 115$ - 185$ Marketing Manager 110$ - 220$ Senior Project Engineer 135$ - 225$ Marketing Specialist 90$ - 150$ Supervisor of Surveying 135$ - 205$ Office Coordinator 70$ - 125$ Survey Technician I 60$ - 90$ Project Accountant 65$ - 135$ Survey Technician II 75$ - 115$ Project Administrator 70$ - 125$ Survey Technician III 90$ - 155$ Receptionist 40$ - 80$ Surveying Crew Rates

REGULAR
One person w/ GPS or Robotic Workstation 125$ - 155$
Two person 175$ - 290$
Three person 235$ - 390$

PREVAILING WAGE
One person w/ GPS or Robotic Workstation 150$ - 180$
Two person 225$ - 340$
Three person 325$ - 490$
Rev 3/1/2021
16 Exhibit 3 - T&M Fee Schedule
California Skateparks | caskateparks.com | (909) 949-1601 DATE: January 1, 2023
RE: Design, Consulting, & PM
California Skateparks provides services including Design Development, Drafting, 3D Render Development, Specification & Detail Development, Construction Documentation, Construction Support, and Project Management for the fees indicated in the following schedule.

SERVICES, EXPENSES, AND SUB-CONSULTANTS
Services provided will be compensated according to the following hourly rate schedule:

Design / Consulting Services Unit Rate
Principal Hourly $190.00
Project Manager Hourly $165.00
Landscape Architect Hourly $150.00
Designer I Hourly $135.00
Drafts Person Hourly $115.00
Estimator Hourly $110.00
Graphic Designer Hourly $110.00
Administrative Support Workday $80.00
Expenses will be compensated according to the following cost schedule:

Expense Description Rate
Additional Site Visits Site Visit, Travel, Reporting $1,500/Visit Reprographics Printing, Plotting, Replicating At-Cost Plus 10% Other Direct Expenses At-Cost Plus 10%
Sub-Consultant services will be compensated At-Cost plus 10%.

Examples of Sub-Consultant & Outsourced Services Include Surveying, Inspections, Permitting, Electrical Engineering, Mechanical Engineering 17

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Agenda Item # 3.B.5.

Council Agenda Report
To: Mayor Steve Uhring and the Honorable Members of the City Council Prepared by: Gabriel Etcheverry, Fire Safety Liaison
Reviewed by: Susan Dueñas, Public Safety Director
Approved by: Steve McClary, City Manager
Date prepared: December 20, 2023 Meeting date: January 22, 2024 Subject: Hazard Tree Removal and Fuel Reduction Grant Acceptance RECOMMENDED ACTION: 1) Authorize the Mayor to enter into a grant agreement with the Santa Monica Mountains Conservancy (SMMC) for the continuation of grant funds for fire prevention and resiliency projects; and 2) Authorize the Mayor to execute Amendment No. 2 to the Agreement with Newbury Park Tree Services through December 31, 2024, or until grant services are completed.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action. The cost for services will not exceed $326,000, which will be funded by the grant from the Santa Monica Mountains Conservancy (SMMC). This grant was not included in the Fiscal Year 2023-2024 Adopted Budget. Both the revenue (100-0000-3600-00, Proceeds from Grants) and the corresponding expenditures (100-7021-5100-00, Public Safety – Professional Services) will be added to the budget during the mid-year budget amendment process. There is no matching requirement for this grant.

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

DISCUSSION: On November 7, 2023, staff filed a grant application with the Santa Monica Mountains Conservancy (SMMC) to continue to fund the Hazard Tree Removal and Fuel Reduction Program in the amount of $326,000. On November 30, 2023, Staff were informed that the application was approved for the requested amount. The original grant amount of $324,000, authorized in 2021 was fully expended resulting in the removal of 200 dead trees and limbs at approximately 33 locations throughout the City. A grant extension for $350,000 was received in July of 2022, work commenced in November of City Council Meeting
01-22-24
Item

3.B.5.
1

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Agenda Item # 3.B.5.
2022 and funds were exhausted in September of 2023. This second iteration of the grant combined with the original grant has resulted in resulted in 510 trees being removed from 50 properties within the City of Malibu. The new funds will be used to further remove trees that represent a hazard to life and property, trees that could potentially block access and egress routes to properties and neighborhoods, and trees that reduce the defensibility of structures (Fuel Load).

A Request for Proposals was issued on July 19, 2021, and closed on August 6, 2021, for services to perform dead tree and limb removal. Four companies submitted proposals.

On September 13, 2021, Newbury Park Tree Services, Inc. was selected to provide contractual services until June 30, 2022, or until grant services were completed. They have delivered outstanding professional, reliable, and safety-conscious services. They were on time, safe in their operations, thorough in the execution of the services requested, and left their work area clean and free of debris. They also took the initiative to not impede traffic and were polite and respectful to the public.

Staff Recommendation
Staff recommends that the Council authorize the Mayor to sign an agreement with the Santa Monica Mountains Conservancy for grant funds for fire prevention and resiliency projects. Additionally, staff recommends extending the contract with Newbury Park Tree Services, Inc. until grant services are completed.

ATTACHMENTS:

1. State of California Standard Agreement

2. Amendment No. 2 to Agreement with Newbury Park Tree Services Inc. 2 3
Attachment 1
4 5
6 7
City of Malibu (Hazardous Tree Removal)
General Fund
3810-GF-2369

EXHIBIT A
(Standard Agreement)

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SCOPE OF WORK

1. Contractor agrees to provide to the Santa Monica Mountains Conservancy (SMMC) the following as described herein:

Hazard trees and vegetation removal in accordance with Board Materials dated November 20, 2023.

2. The services shall be performed within the Santa Monica Mountains Conservancy Zone.

3. The services shall be provided during normal business hours.

4. The project representatives during the term of this agreement will be:

State Agency: Santa Monica Mountains
Conservancy
Contractor: City of Malibu
Name: Ms. Rorie Skei Name: Steve McClary
Phone: (310) 589-3230 ext. 112 Phone: (310) 456-2489
Fax: (310) 985-5102 Fax:

Direct all inquiries to:

State Agency: Santa Monica Mountains
Conservancy
Contractor: City of Malibu
Section/Unit: Government Programs Section/Unit:

Attention: Budgets, Grants, and Contracts
Officer
Attention: Steve McClary, City Manager
Address: 570 West Avenue 26, Suite 100
Los Angeles, California 90065
Address: 23825 Stuart Ranch Road
Malibu, California 90265
Phone: (323) 221-8900 x 144 Phone: (310) 456-2489
Email: [email protected] Fax:

Attachment 2
8 City of Malibu (Hazardous Tree Removal)
General Fund
3810-GF-2369

EXHIBIT B
(Standard Agreement)

Page 1 of 1 ends

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and Payment
A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.

B. Invoices shall include the Agreement Number and shall be submitted in triplicate not more frequently than monthly in arrears to:

Santa Monica Mountains Conservancy
Attn: Budgets, Grants and Contracts Officer
570 West Avenue 26, Suite 100
Los Angeles, CA 90065
C. Refer to additional billing information for more details.

2. Budget Contingency Clause
A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does no appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to ether cancel this Agreement with no liability occurring to the State or offer an agreement amendment to Contractor to reflect the reduced amount.

3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
9 City of Malibu (Hazardous Tree Removal)
General Fund
3810-GF-2369
Additional General Provisions
A. Definitions

1. The term “Act” as used herein means the
GF: General Fund.

2. The term “CEQA” as used herein means the California
Environmental Quality Act, Public Resources Code Section 21000 et.

Seq; Title 14, California Code of Regulations Section 15000 et. seq.

3. The term “Contract” as used herein means an agreement between the State and Grantee specifying the payment of Grant Money by the State for the performance of Project goals within the Project Performance Period by the Grantee.

4. The term “Grantee” as used herein means the party described as the Grantee on page 1 of this Contract.

5. The term “Grant Moneys” as used herein means funds derived from the sale of bonds authorized by the Act.

6. The term “Project” as used herein means the project described in Section B of Exhibit E.

7. The term “Project Performance Period” as used herein means the period of time that the Grant Moneys are available, and the time in which the Project must be complete, billed and paid as described in Section C of Exhibit E.

8. The term “State” as used herein means the Santa Monica Mountains Conservancy.

9. The term “Contractor” as used herein means the party described as the Grantee on page 1 of this Contract.

B. Project Description
The Grantee shall be responsible for hazard trees and vegetation removal in accordance with Conservancy Board materials dated November 20, 2023 (attached).

Grantee shall ensure that the Conservancy receives full recognition for providing Exhibit E 1
10 funding under this Grant Agreement in any and all publication of the deliverables under this Grant Agreement. Examples include, but are not limited to, signage recognizing the contribution at any physical project sites and the Conservancy’s name and logo on any and all materials, press releases and publicity materials, documents, websites, or other forms of presentation regarding this project. The Conservancy shall have the right to use any and all such materials produced as a result of this Grant Agreement.

For Projects that involve land acquisition:

1.1 Prior to purchasing fee title or a lesser interest in eligible land, the Grantee (buyer) must submit necessary information to the Grant Manager. This information must include:

1.1.1 An estimate of the current fair market value of the land interest to be purchased. To establish the fair market value, the Grantee will obtain one independent appraisal. One
independent review appraisal will be required to review all appraisal reports and to prepare a written report of the review.

All appraisals and the review appraisal must be prepared by real property appraisers currently licensed by the State of California Office of Real Estate Appraisers as a Certified General Appraiser.

1.1.2 A written statement of the proposed procedure and timing of the purchase of the land interest.

1.1.3 A written statement that the land is suitable for its intended uses, and that the Grantee is solely responsible for the mitigation of a hazardous material that may be found during the development of the site.

1.1.4 If not included in the appraisals, an adequate map showing the location of the proposed project including the land/easement proposed for purchase. Adequacy will be determined by the Grant Manager.

1.2 Open an escrow account with an institution licensed by the California Department of financial Institutions and obtain the services of an escrow company that has complied with the requirements of Division 6 of the California financial code, commencing with Section 17000.

1.3 Provide the escrow company with the Purchase and Sale Agreement outlining the terms and conditions by 6/30/2030.

Exhibit E 2
11 1.3.1 Execute and deliver to the Grant Manager an original of the Purchase and Sale Agreement to include the terms of escrow and the seller’s restrictions during the term of the escrow, if any.

1.3.2 Provide the escrow company with all required deposit amounts and required insurance information.

1.3.3 Processing of grant deeds shall occur as part of the escrow instructions, and the grant deed will be recorded when all escrow instructions have been completed and immediately after escrow closes on or before 6/30/2030. If all of the property interest is not purchased, any funds disbursed under this Agreement must be returned to the Santa Monica Mountains Conservancy and any penalties for arbitrage on interest earned will be paid by the Grantee.

1.3.4 Close escrow and finalize the acquisition.

C. Project Period
The project period shall be from November 20, 2023 to June 30, 2030, unless such time period is extended by the State.

D. Project Execution

1. Subject to the availability of Grant Moneys in the Act, the State hereby grants to the Grantee a sum of money (Grant Money) not to exceed the amount stated on page 1 of this contract in consideration of and on condition that the sum be expended in carrying out the purpose as set forth in the Description of Project and under the terms and conditions set forth in this Contract.

Unless otherwise determined by the State, Grantee agrees to assume any obligation to furnish any additional funds that may be necessary to complete the Project. Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the Executive Director of State for approval.

2. (Only if a match is required) The State and the Grantee hereby agree and acknowledge that the State’s obligation to disburse the Grant Moneys under this Contract are explicitly conditioned upon Grantee’s securing matching funds on a 1:1 ratio to the total amount approved by this Contract. Grantee will have the obligation to provide the State with proof of said matching funds as part of Grantee’s payment requests and/or invoices to the State. In the event that Grantee is Exhibit E 3
12 unable to provide proof of secured matching funds equal to the total Grant Moneys requested in any particular payment request/invoice, the State shall have no obligation to disburse any further Grant Moneys until such proof is provided.

3. Grantee agrees to complete the Project in accordance with the time of Project Performance Period, and under the terms and conditions of this Contract.

4. Grantee shall comply as lead agency with a California Environmental Quality Act (Public Resources Code, Section 21000, et seq.)

5. If the Project includes development, the Grantee shall comply with all applicable current laws and regulations affecting development projects, including, but not limited to, laws affecting health and safety, hazardous materials, historical preservation, environmental impacts, building standards, and the like.

6. Grantee agrees to permit periodic site visits by the State to determine if development work is in accordance with the approved Project Description including a final inspection upon Project completion.

7. Grantee agrees to submit any significant deviation from the original Project Description to the Executive Director of State for prior approval.

8. If the Project includes acquisition of real property, the Grantee agrees to comply with all applicable state and local laws or ordinances affecting relocation and real property acquisition. Documentation of such compliance will be made available for review upon request by the State.

9. Grantee agrees to provide reasonable public access to lands acquired in fee with Grant Moneys except where that access may interfere with habitat protection.

10. Grantee agrees to comply with applicable prevailing wage requirements.

11. All informational products (e.g., data, studies, findings, management plans, manuals, photos, etc.) relating to California’s natural environment and produced with the use of public funds shall be cataloged in the California Environmental Information Catalog (http://gis.ca.gov/catalog/) maintained by the CERES Program (www.ceres.ca.gov).

Exhibit E 4
13 12. To the extent that such state rates are available to Grantees, Grantee agrees to abide by travel expenses and per diem rates set at the rate specified by the Department of Personnel Administration for similar employees. In the event that such state rates are not available, actual travel expenses in excess of state rates will be reimbursed only upon certification that state rates were not available.

13. Recipients of grant funding shall post signs and/or include appropriate documentation within the deliverables of the Grant acknowledging the source of the funds pursuant to direction and approval by the Conservancy. The Conservancy may withhold the final disbursement pending acknowledgement of the funding source in the manner approved by the Conservancy.

E. Project Costs
The Grant Moneys to be provided Grantee under this Contract may be disbursed as follows:

1. For acquisition Projects: Acquisition of real property shall be from a willing seller of a fee interest or any other interest. The State may disburse to Grantee the amount of the purchase price together with cost allocation or overhead and incident acquisition costs.

2. For development Projects: The State may disburse to Grantee the Grant Moneys on proof of award of a construction contract or commencement of construction by force account including cost allocation and project administration costs, up to one hundred percent of the total Grant, or the actual cost, whichever is less.

3. The dollar amount of an item in the Project Budget may be increased by up to ten percent (10%) through reallocation of funds from another item or items, without approval by the Conservancy; however, the Grantee shall notify the Conservancy in writing when any such reallocation is made and shall identify both the item(s) being increased and those being decreased. Any increase or decrease of more than ten percent (10%) in the amount of an item must be approved in writing by the State. The total amount of the Grant Funds may not be increased without Board Approval.

4. Indirect costs are costs that have been (1) incurred for common or joint objectives and (2) cannot be readily identified with a particular project or program. The Conservancy encourages Grantees to keep these costs as low as possible and requests information regarding these Exhibit E 5
14 costs with the Grantee Data Sheet. These costs are to be stated in the agreement budget as a separate line item.

F. Work Products

1. Grantee shall ensure that the Conservancy receives full recognition for providing funding under this Grant Agreement in any and all publication of the deliverables under this Grant Agreement. Examples include, but are not limited to, signage recognizing the contribution at any physical project sites and the Conservancy’s name and logo on any and all materials, documents, websites, or other forms of presentation regarding this project. The Conservancy shall have the right to use any and all such materials produced as a result of this Grant Agreement.

2. All material, data, information, and written, graphic or other work produced, developed, or acquired under this agreement is subject to the unqualified and unconditional right of the Conservancy to use, reproduce, publish, display, and make derivative use of all such work, or any part of it, free of charge and in any manner and for any purpose; and to authorize others to do so. If any of the work is subject to copyright, trademark, service mark, or patent, the Conservancy is granted and shall have a perpetual, royalty-free, nonexclusive, and irrevocable license to use, reproduce, publish, use in the creation of derivative works, and display and perform the work, or any part of it, and to grant to any third party a comparable and coextensive sublicense.

3. The grantee shall include in any contract with a third party for work under this agreement terms that preserve the rights, interests, and obligations created by this section, and that identify the Conservancy as a third-party beneficiary of those provisions.

4. The grantee shall not utilize the work produced under this agreement for any profit-making venture or sell or grant rights to a third party for that purpose.

G. Project Administration

1. Grantee agrees to promptly submit project status reports as the State may request. Failure to submit such project status reports in a timely manner may result in stop payments for future payment requests until such reports are submitted. Grantee shall provide State a report showing total final Project expenditures.

Exhibit E 6
15 2. Grantee agrees that property and facilities acquired or developed pursuant to this Contract shall be available for inspection upon request by the State.

3. Grantee agrees that income earned by the Grantee from use of the Project shall be used to further Project purposes, or, if approved by the State, for related purposes within the Grantee’s jurisdiction.

H. Project Termination

1. Grantee may unilaterally rescind this Contract at any time prior to the commencement of the Project. After Project commencement this Contract may be rescinded, modified, or amended by mutual agreement in writing.

2. Failure by the Grantee to comply with material terms of this Contract or any other Contract under the Act may be cause for suspension of all obligations of the State hereunder.

3. Failure of the Grantee to comply with the terms of this Contract shall not be cause for the suspension of all obligation of the State hereunder if in the judgment of the Executive Director of State such failure was due to no fault of the Grantee. In such case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Contract.

4. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Contract, is the preservation, protection and net increase in the quantity and quality of parks, public recreation facilities and/or historical resources available to the people of the State of California and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of Grant Moneys under the provisions of this Contract, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant Moneys disbursed under this Contract by the State would be inadequate compensation to the State for any material breach by the Grantee of this Contract. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Contract shall be the specific performance of this Contract.

5. Grantee and State agree that if the Project includes development, final payment may not be made until the Project conforms substantially to this Contract and is a useable facility.

Exhibit E 7
16 I. Financial Records

1. The State may audit the Project. If so, the Grantee will be notified at least 30 days in advance. The audit may occur up to three years after the final payment of Grant Moneys.

2. Grantee agrees to maintain satisfactory financial accounts, documents, and records for the Project and to make them available to the State for auditing at reasonable times. Grantee also agrees to retain such financial accounts, documents and records for three years following Project termination or completion.

Grantee and State agree that during regular office hours each of the parties hereto and their duly authorized representative shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this agreement or matters related thereto. Grantee agrees to maintain and make available for inspection by the State accurate records of all of its costs, disbursements, and receipts with respect to its activities under this Contract.

3. Grantee agrees to use a generally accepted accounting system.

J. Use of Facilities

1. Grantee agrees that the Grantee shall use the property acquired or developed with Grant Moneys under this Contract only for the purpose for which the State Grant Moneys were requested and no other use of the property shall be permitted except by specific act of the Legislature.

2. Grantee shall use the property for purposes for which the Grant was made and shall make no other use or sale or other disposition of the property, except as consistent with the Act and authorized by the State. This Agreement shall not prevent the transfer of the property from the Grantee to a public agency, if the successor public agency assumes the obligations imposed by this Agreement. If the use of the property is changed to a use that is not permitted by the Act, or if the property is sold or otherwise disposed of, and amount equal to (1) the amount of the grant (2) the fair market value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, shall be reimbursed to the State, unless approved by the Executive Director of State to be used for related purposes within the Grantee’s jurisdiction.

Exhibit E 8
17 3. Grantee agrees to maintain and operate the property acquired, developed, rehabilitated or restored with Grant Moneys for a period that is commensurate with the type of project and the proportion of State funds and local matching funds, or property allocated to the capital cost of the project.

K. Nondiscrimination

1. The Grantee shall not discriminate against any person on the basis of sex, race, color, national region, age, religion, ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this Contract.

2. The Grantee shall not discriminate against any person on the basis of residence.

3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this Contract.

L. Application Incorporation
The Application and any subsequent change or addition approved in writing by the State is hereby incorporated in this Contract as though set forth in full in this Contract.

M. Severability
If any provision of this Contract or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the agreement which can be given effect without the invalid provision or application, and pursuant to this provision of this Contract, are severable.

Exhibit E 9
18 Memorandum
To : The Conservancy
The Advisory Committee
November 20, 2023
From
Subject: Consideration of resolution authorizing a grant of Wildfire Resiliency General Funds to the City of Malibu for additional hazard trees and vegetation removal.

Staff Recommendation:

That the Conservancy adopt the attached resolution authorizing a grant of General Funds from Wildfire Prevention Funding to the City of Malibu for for additional hazard trees and vegetation removal in the amount of $326,000.

Legislative Authority:

Section 33204 of the Public Resources Code; Budget Act of 2023, Item 3810-102-0001.

Background:

In July, Governor Newsom signed the 2023 Budget Bill which included a $15 million allocation to the Santa Monica Mountains Conservancy for wildfire prevention and mitigation activities. The funding is designated for projects that proactively reduce the risk of wildfire, strengthen wildfire resilience, increase carbon sequestration, rally against the effects of climate change, and dedicate more resources to local community infrastructure.

This allocation creates an opportunity to extend and expand the initiatives begun in May 2021 as part of the Wildfire Prevention Early Budget Action Funding Plan and sustained by additional wildfire funding allocations in 2021 and 2022. Conservancy staff have consulted with partner agencies, nonAgenda Item 10. (j) Nov 20 2023

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Exhibit E 10 19
profit organizations, local tribes, and other stakeholders to identify projects which could be implemented immediately for benefits in the current and next fire season. As in May 2021, all proposals under consideration are consistent with early findings from the Conservancy’s Regional Forest and Fire Capacity Plan process. The attached application from City of Malibu proposes continued removal and abatement of dead trees and limbs which would reduce fuel within the City. The project would include neighborhoods, open areas, infrastructure, and access and egress transportation routes and provide for life and property safety. Grant funds would be used for tree removal contractors and their specialized equipment. Contractors would remove dead trees and limbs in priority areas of the urban interface.

Trees would be flush cut close to the ground but stumps would not be removed. This proposed grant would be an extension of the Hazard Tree Removal project funded by the Conservancy in 2021 and 2022. After these two iterations of the project, 510 trees were removed from 64 properties in the city of Malibu. Additional funding for the project would address continued need for hazard tree removal in the City of Malibu and harden Malibu communities against future wildfires.

Relative to other Conservancy grant programs, the Wildfire Prevention Funding program has an accelerated rollout with several grants under consideration at the same time and over 25 grants funded within just the past three years. Therefore, the attached resolution authorizes the Executive Director to make minor modifications to the grant proposal to ensure that the objectives of the program are met.

Consideration:

The grant application from Santa Monica Mountains Conservancy is for $326,000.

Attached:

City of Malibu Grant Application 11-07-2023
Agenda Item 10. (j)
Nov 20 2023

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Exhibit E 11 20
City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org File path Recycled Paper
November 7, 2023
Request for Grant Funding
Project Name: Hazardous Tree Removal
Project Description Summary:

The City of Malibu and surrounding communities were severely impacted by the Woolsey fire five years ago in November of 2018.The fire destroyed 500 homes in the Malibu city limits and damaged many others. It also caused a significant amount of damage to the ecology of the area. This included hundreds of dead trees that now represent threats to infrastructure and kindling to future fires.

The City of Malibu CWPP which was developed by Jensen Hughes in 2019 identifies several goals and objectives to minimize the wildfire threat to life safety. One of the goals was to develop fuel treatment methods and strategies for property owners that provide for adequate defensible space for structures and transportation routes. One method of accomplishing this is through the removal of dead trees and limbs. This project identifies dead trees through the use of an arborist. These trees are further prioritized by those that represent a hazard to life and property, threat to access and egress routes, and those that represent fuel to future wildfires. Tree removal is quite expensive and requires highly specialized equipment and a trained labor force. The average cost per tree is about 2,000 dollars and the average work day cost ranges between 7,000 and 8,000 thousand dollars. This combination makes it cost prohibitive to many citizens. To this end the city of Malibu Fire Safety Liaisons applied for and received a grant of 324,000 from the SMMC in 2021. These funds were used up in early 2022 and a request for additional funding was made and granted in the amount of 350,000. Work was quickly started and funds were used up by November of 2023.

After these two iterations of grant funds 510 trees had been removed from 64 properties in the city of Malibu.

When the second round of funding was completed there were still citizens on the list hoping to have trees removed. That is why the Fire Safety Liaisons who represent Malibu are respectfully asking for additional funding in the amount of 326,000.

Agenda Item 10. (j)
Nov 20 2023

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Exhibit E 12 21
2 C:\Users\likuta\Downloads\City of Malibu_Hazard Tree Grant 3rd Iteration Request.docx Recycled Paper Between projects like this and our free Home Wildfire Assessments and our assisting of neighborhoods as Regional Coordinators to become Firewise communities we are hoping to make Malibu more resilient to future wildfires. Thank you for your consideration.

Gabe Etcheverry
Fire Safety Liaison Malibu
[email protected]
424-422-8802
Agenda Item 10. (j)
Nov 20 2023

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Exhibit E 13 22
Agenda Item 10. (j)
Nov 20 2023

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Exhibit E 14 23
November 20, 2023
Resolution No. 23-69

RESOLUTION OF THE SANTA MONICA MOUNTAINS CONSERVANCY

AUTHORIZING A GRANT OF GENERAL FUNDS FROM WILDFIRE PREVENTION

FUNDING TO THE CITY OF MALIBU FOR ADDITIONAL HAZARD TREES AND

VEGETATION REMOVAL
WHEREAS, the Santa Monica Mountains Conservancy is authorized to award grants to cities, counties, recreation and park districts pursuant to Section 33204 of the Public Resources Code; WHEREAS,the State of California has authorized an expenditure of General Funds by the Santa Monica Mountains Conservancy for wildfire prevention and resilience purposes on state conservancy lands in Section 66 of the Budget Act of 2023, Item 3810-102-0001; WHEREAS, the City of Malibu has requested a grant of General Funds from Wildfire Prevention Funding in the amount of $326,000 for additional hazard trees and vegetation removal;
WHEREAS, the proposed project is consistent with the Conservancy’s Strategic Objectives to implement the Santa Monica Mountains Comprehensive Plan and the Rim of the Valley Trail Corridor Master Plan, further cooperation with local governments in the region to secure open space and parkland, expand education, public access, and resource stewardship components in a manner that best serves the public, protects habitat, and provides recreational opportunities, and develop long term capital improvement and maintenance plans; WHEREAS, the proposed project is consistent with the Santa Monica Mountains Comprehensive Plan and the Rim of the Valley Trail Corridor Master Plan; WHEREAS, the proposed project protects land and water resources; and WHEREAS, the proposed action is exempt from the provisions of the California Environmental Quality Act (CEQA): Now
Therefore Be It Resolved, That the Santa Monica Mountains Conservancy hereby:

1. FINDS that the proposed action is consistent with the Santa Monica Mountains Comprehensive Plan and the Rim of the Valley Trail Corridor Master Plan as adopted by the Santa Monica Mountains Conservancy;

2. FINDS that the proposed action is consistent with the Conservancy’s Strategic Objectives; Agenda Item 10. (j)
Nov 20 2023

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Exhibit E 15 24

3. FINDS that the proposed action is exempt from the provisions of the California Environmental Quality Act (CEQA);

4. ADOPTS the staff report and recommendations dated November 20, 2023 for this item;

5. ADOPTS all of the preceding whereas clauses;

6. AUTHORIZES a grant of General Funds from Wildfire Prevention Funding to the City of Malibu for additional hazard trees and vegetation removal in the amount of $326,000;

7. AUTHORIZES the Executive Director to make necessary changes to the proposed scope and budget to accomplish the objectives of Wildfire Prevention Funding; and

8. FURTHER AUTHORIZES the Executive Director to execute the grant agreement and to perform any and all acts necessary to carry out this resolution; without limiting the generality of the foregoing, such authority shall include those provisions that he shall determine in the exclusive exercise of his discretion are necessary to carry out the purposes of this resolution and to comply with the policies of the Conservancy, and to otherwise carry out the provisions of state law and regulations. ~End of Resolution~
I HEREBY CERTIFY that the foregoing resolution was adopted at a meeting of the Santa Monica Mountains Conservancy, duly noticed and held according to law on November 20, 2023 at various locations via videoconferencing, California.

Date: November 20, 2023
Agenda Item 10. (j)
Nov 20 2023

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Exhibit E 16 25
26

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Agenda Item # 3.B.6.

Council Agenda Report
To: Mayor Steve Uhring and the Honorable Members of the City Council Prepared by: Susan Dueñas, Public Safety Director
Approved by: Steve McClary, City Manager
Date prepared: December 20, 2023 Meeting date: January 22, 2024 Subject: Purchase of Beach Team Equipment
RECOMMENDED ACTION: Authorize the purchase of five all-terrain vehicles for use by the Los Angeles County Sheriff’s Department Beach Team.

FISCAL IMPACT: No additional appropriation is required. The $54,557.53 needed for this project is included in the Adopted Budget for FY 2023-24 in Account No. 100-7021-5116- 00 (Los Angeles County Sheriff’s Services – Beach Team).

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

DISCUSSION: Each year the City contracts with the Los Angeles County Sheriff’s Department (LASD) for additional staffing (Beach Team) to be deployed during the City’s peak visitor season, from Memorial Day through Labor Day. The Beach Team generally consists of: one Sergeant; eight Deputies; and one dedicated Traffic Deputy deployed throughout the weekdays and weekends. In addition, two (2) Motor Deputies, two (2) Community Services Assistants, and additional Parking Control Officers deploy on weekends and holidays during this time.

The Beach Team plays a critical role in maintaining safety on the beaches and highways during the summer months. The majority of the Beach Team members are responsible for patrolling the beaches using all-terrain vehicles, which the City purchases. The last time the City bought these vehicles was in 2018 when they acquired 10 of them. Given the harsh environmental conditions of the beach, such as salty air, some of the vehicles have deteriorated and require replacement. The Sheriff's Department proposes that half of the vehicles should be replaced this year, while the other half can be replaced in the following year. This approach will consider the vehicles' current condition, as some of them are still City Council Meeting
01-22-24
Item

3.B.6.

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Agenda Item # 3.B.6.
in good shape. The cost to replace five vehicles this fiscal year will be $54,557.53 which was included in the Adopted Budget for FY 2023-24 for the Beach Team.

Staff recommends that the Council authorize this purchase to maintain the patrol capabilities of the Beach Team in Summer 2024.

ATTACHMENTS: Quote for five all-terrain vehicles
Attachment 1

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Agenda Item # 3.B.7.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Brandie Ayala, Administrative Analyst
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: December 18, 2023 Meeting date: January 22, 2024 Subject: Los Angeles County Measure R Transportation Funding Agreement Amendment
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 3 to Measure R Funding Agreement extending a portion of the project funding lapse date to June 30, 2024 for the Pacific Coast Highway (PCH) Signal Synchronization Project.

FISCAL IMPACT: No additional appropriation is required. This project was identified in the 2015 PCH Safety Study and was included in the Adopted Budget for FY 2023-24, Account No. 310-9066-5100 (PCH Signal Synchronization Project). This project is funded through Measure R funds administered by Los Angeles County Metropolitan Transportation Authority.

Project Estimate Project Funding
Design $2,777,260 Measure R $14,600,000
Construction $11,822,740
Total $14,600,000 Total $14,600,000
A portion of the project funding in the amount of $4,500,000 had a lapse date of June 30, 2023. This amendment will extend the lapsing period from June 30, 2023 to June 30, 2024.

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

City Council Meeting
01-22-24
Item

3.B.7.
1

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Agenda Item # 3.B.7.

DISCUSSION: This project is funded using the City’s allocations of the Los Angeles County Measure R Transportation Funds. This measure was approved by voters in 2008 which added half-cent sales tax increase for Los Angeles County to finance new transportation projects and programs. Los Angeles County Metropolitan Transportation Authority (Metro) manages these funds and approves local agencies’ projects that are eligible under this program.

Measure R was projected to generate $40 billion transportation projects throughout Los Angeles County over the next 30 years. The City’s allocation from Measure R is $26.3 million. The County of Los Angeles provided the City with an additional $12 million for a total allocation to the City of $38.3 million. There is no impact to the General Fund associated with the expenditure of Los Angeles County Measure R funding.

PCH Signal Synchronization Project was included in the 2015 PCH Safety Study and ranked as Priority #1. This project includes the upgrade of the traffic signals from Topanga Canyon Road to John Tyler Drive. The project will synchronize all the traffic signals in the project limits including new closed-circuit cameras at each intersection and replace existing signal poles. The project will also include street improvements with ADA upgrades and install changeable message signs. Mid-block sensors will allow Caltrans to capture traffic data, including flow and speed, then remotely adjust signal timing in the moment.

The project will enhance and improve traffic signals which will reduce overall traffic congestion, traffic flow and safety for all modes of travel. This project is currently under construction and is expected to be completed in Spring 2025.

A funding agreement for this project was initially approved on October 28, 2016, in the amount of $3,700,000. Amendment No. 1 amended the funding on March 6, 2017, increasing the funding by $10,000,000 for a total project funding of $13,700,000.

Amendment No. 2 was approved on July 1, 2021, increasing the funding by $900,000 for a total of $14,600,000.

Amendment No. 3 will extend a portion of the project funding that would have lapsed on June 30, 2023 to June 30, 2024. This project incurred delays during the project approval process by Caltrans. The extension of the term date will allow the City to continue submitting reimbursement requests throughout the remainder of the project’s duration.

This amendment accommodates the delays encountered and ensures that the City can continue to seek reimbursement for eligible project-related expenses.

Staff recommends the City Council authorize the Mayor to execute Amendment No. 3 to Measure R Funding Agreement extending a portion of the project funding lapse date to June 30, 2024 for the PCH Signal Synchronization Project. 2

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Agenda Item # 3.B.7.

ATTACHMENTS:

1. Funding Amendment to Agreement with Metro for Pacific Coast Highway Signal Synchronization Project
3 FTIP #: LA0G1289
Subregion ID: LVMCOG
Project#: MR311.11
Amendment No. 3
FA# 920000000MR31111
Rev: 10.26.2022 1 Measure R Funding Agreement Amendment Highways – General
AMENDMENT No.3 TO MEASURE R FUNDING AGREEMENT

BETWEEN CITY OF MALIBU AND THE LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No. 3 to the Funding Agreement (this “Amendment”), is dated as of September 30, 2023 by and between the City of Malibu ("Grantee") and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").

RECITALS:

A. Grantee and LACMTA entered into that certain Funding Agreement No. 9200000000MR31111, dated October 28, 2016, (the "Existing FA"), which was amended on March 6, 2017 and July 1, 2021 (as amended, the “Existing FA”), which Existing FA provides for the Pacific Coast Highway Signal System Improvements from John Tyler Drive to Topanga Canyon Road Project (the “Project”); and
B. WHEREAS, the LACMTA Board on January 26, 2023, delegated administrative authority to staff to extend funding lapse dates to meet PAED, PS&E, and Construction time frames; and
C. WHEREAS, the Grantee and LACMTA desire to extend the lapsing date of FY 2018- 19 funds to June 30, 2024; and
D. Grantee and LACMTA desire to amend the Existing FA as provided herein.

Attachment 1
4 FTIP #: LA0G1289
Subregion ID: LVMCOG
Project#: MR311.11
Amendment No. 3
FA# 920000000MR31111
Rev: 10.26.2022 2 Measure R Funding Agreement Amendment Highways – General
AGREEMENT:

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:

1. Part II, Section 9.1 (vi) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: “(vi) Expending the Funds granted under this FA for allowable costs by the lapsing date. All funds programmed for FY 2015-16; FY 2016-17; and FY 2017-18 are no longer available. All funds programmed for FY 2018-19 and FY 2021-22 are subject to lapse by June 30, 2024.

2. Part II, Section 9.1 (vii) of the Existing FA is hereby amended by deleting it in its entirety.

3. Attachment C-2 of the Existing FA is hereby amended by deleting the Project Schedule and replacing it with the following Revised Project Schedule.

FA Milestones
Amendment 2 Project
Schedule
Revised Project
Schedule
Start
Date    End Date
Start
Date    End Date
SOLICITATION (BID/PROPOSAL) Dec 2016 Mar 2017 Dec 2016 Mar 2017 PLANNING Apr 2017 Jan 2018 Apr 2017 Jan 2018
PRELIMINARY DESIGN May 2019 Jul 2020 May 2019 Oct 2020
PA&ED May 2018 Aug 2020 May 2018 Sep 2020
PS&E July 2020 Jan 2021 Oct 2020 Jan 2022
UTILITY RELOCATION Apr 2021 Dec 2021 Nov 2021 Dec 2022
CONSTRUCTION Apr 2021 Aug 2022 Aug 2023 Mar 2024
PROJECT CLOSEOUT Aug 2022 June 2024
Total Project Duration
(Months)    68 90

4. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged. 5 FTIP #: LA0G1289
Subregion ID: LVMCOG
Project#: MR311.11
Amendment # 3
FA# 920000000MR31111
Rev.: 03.08.2023 3 Measure R Funding Agreement Amendment Highways – General
IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to the FA to be executed by their duly authorized representatives as of the dates indicated below:

LACMTA:

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: ________________________________________ Date: ____________________ Stephanie N. Wiggins
Chief Executive Officer
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By: ________________________________________ Date: ____________________ Deputy
GRANTEE:

CITY OF MALIBU
By: _______________________________________ Date: ____________________ Steve Uhring
Mayor
APPROVED AS TO FORM:

By: _______________________________________ Date: ____________________ Trevor Rusin
Interim City Attorney
6

Page 1 of 3 ends

Agenda Item # 3.B.8.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Nadia Fahoum, Assistant Civil Engineer
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: November 21, 2023 Meeting date: January 22, 2024 Subject: Bluff’s Park South Walkway Repair Project
RECOMMENDED ACTION: 1) Authorize the Mayor to execute a construction contract with Ardalan Construction Company, Inc. in the amount of $132,900 for the Bluff’s Park South Walkway Repair Project, Specification No. 2106; 2) Authorize the Public Works Director to approve any potential change orders up to 15% of the contract amount; and 3) Appropriate $50,800 in Account No. 310-9097-5100 (Malibu Bluff’s Park South Walkway).

FISCAL IMPACT: Funding for this project is included in the Adopted Budget for FY 2023- 24 in Account No. 310-9097-5100 (Malibu Bluff’s Park South Walkway) in the amount of $130,000. The project expenses, design, construction, and contingencies include a total amount of $180,800. However, the current funds are insufficient, an additional $50,800 is required to complete the project.

Project Estimate Project Funding
Design Services
Construction
Contingency
Subtotal
$27,900
$132,900
$20,000
$180,800
General Fund
Subtotal
$130,000
$130,000
Funding Shortfall $50,800
Therefore, staff recommends increasing the appropriation to this project by an additional $50,800 from the General Fund Undesignated Reserves to Account No. 310-9097-5100 City Council Meeting
01-22-24
Item

3.B.8.
1

Page 2 of 3 ends

Agenda Item # 3.B.8.
(Malibu Bluff’s Park South Walkway) for a total revised budget of $180,800. The projected General Fund Undesignated Reserve balance at June 30, 2024 is $64,232,575.

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

DISCUSSION: Over the past several years, staff have repaired or replaced several different sections of the Bluff’s Park South Walkway, but it was determined a more indepth repair was required. In February 2023, Staff conducted a site visit to evaluate the existing condition of the walkway and it was discovered the base of the walkway had experienced erosion and had also been undermined by rodents. Staff discovered the natural erosion of the grade and base, caused by our coastal nature, resulted in an approximate 1-foot drop off the walkway raising much concern over the safety of parkgoers.

This project consists of earthwork to build up the natural grade, the construction of a new concrete deepened curb that will run alongside the walkway where erosion is most likely to occur, and repair of damaged concrete panels. The project is intended to address safety, erosion, and undermining of the walkway. The proposed deepened curb will only be exposed approximately 4-inches and will act as a means to protect the base of the walkway from erosion, as well as safeguard against rodents burrowing and undermining the walkway.

On September 7 and 14, 2023, the final project plans and specifications for the abovementioned project were advertised for formal competitive bidding. Six (6) bids were received and opened on November 9, 2023, with the following results:

Contractor Bid Amount
Ardalan Construction Company, Inc. $132,900
Voltaire Engineering $140,941
FS Contractors, Inc. $190,601
GMZ Engineering $229,001
ADA General Engineering Inc. $262,151
AVA Builders $270,991
Staff reviewed the bid submitted by Ardalan Construction Company, Inc. and found it to be in order and in conformance with the bid requirements. Staff has checked the contractor’s license with the Contractor’s State License Board and found it to be current and active. References contacted by staff have verified work performed by Ardalan Construction Company, Inc. and found their work to be satisfactory. Staff finds that Ardalan Construction Company, Inc. is qualified to complete the proposed work for the project. 2

Page 3 of 3 ends

Agenda Item # 3.B.8.

Council Policy #44 requires that all proposed appropriations over $10,000 be reviewed and discussed by the Administration and Finance (A&F) Subcommittee prior to being presented to the Council. On December 18, 2023, the A&F Subcommittee discussed and recommended the City Council appropriate an additional $50,800 to this project from the General Fund Undesignated Reserve for award of a construction contract with Ardalan Construction Company, Inc.

Staff recommends the Council approve the award and authorize the Mayor to execute a construction contract with Ardalan Construction Company, Inc. and authorize the Public Works Director to approve potential change orders up to 15% of the agreement amount.

Once approved, staff will process the agreement and issue a Notice to Proceed for the project. The construction schedule for this project is anticipated to begin in February 2024.

ATTACHMENTS:

1. Public Works Agreement with Ardalan Construction Company, Inc. 3 CITY OF MALIBU

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

R E C I T A L S
A. Pursuant to the Notice Inviting Sealed Bids for Malibu Bluffs Park South Walkway Project bids were received, publicly opened, and declared on the date specified in the notice.

B. On January 22, 2024, Malibu’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR.

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

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

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

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

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

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

4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 60 consecutive working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $500 per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.

5. PREVAILING WAGES:

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

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

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

D. Labor Code Section 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the 5 Public Works Agreement
Malibu Bluffs Park South Walkway Project

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

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

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

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

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

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

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

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

CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of CITY. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. 7 Public Works Agreement
Malibu Bluffs Park South Walkway Project

Page 5 of 9 ends

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

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

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

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

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

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

9. THIRD PARTY CLAIMS. In accordance with Public Contracts Code Section 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any thirdparty claim. 8 Public Works Agreement
Malibu Bluffs Park South Walkway Project

Page 6 of 9 ends

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

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

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

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

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

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

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

17. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining 9 Public Works Agreement
Malibu Bluffs Park South Walkway Project

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

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

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

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

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

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

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

CITY OF MALIBU
23825 Stuart Ranch Road
Malibu, CA 90265
Attn: Robert DuBoux, Public Works Director/City Engineer 10 Public Works Agreement
Malibu Bluffs Park South Walkway Project

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CONTRACTOR
Ardalan Construction Company, Inc.
8 E. Gainsborough Rd.

Thousand Oaks, CA 91360
Attn: Mozafar Ardalan

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

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

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

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

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

27. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.
11 Public Works Agreement
Malibu Bluffs Park South Walkway Project

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

This Agreement is executed on this day of , 2024, at Malibu, California, and effective as of January 22, 2024.

CITY OF MALIBU:
_______________________________________
STEVE UHRING, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
CONTRACTOR:
________________________________________
Name, Title
CONTRACTOR’S State of California License No.
_________________________________________
CONTRACTOR’S Business Phone No.
_________________________________________
CONTRACTOR’S Emergency Phone No. at which
contractor can be reached at any time
_________________________________________
_________________________________________
_________________________________________
MOZAFAR ARDALAN, PRESIDENT 893121 (805) 496-7273
(805) 822-9393
12 13
14 15
16 17
18 19
20 21
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $
DED RETENTION $ PER OTH- STATUTE ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

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

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

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

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

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

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

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
12/22/2023
(949) 769-3100 (949) 769-3930
25682
Ardalan Construction Company, Inc.
8 East Gainsborough Road
Thousand Oaks, CA 91360
25674
A 2,000,000
X X DT22-CO-8W833070-TCT-23 6/1/2023 6/1/2024 300,000
10,000
2,000,000
4,000,000
4,000,000
X
Deductible BI and PD $10,000 - Per Occurance Included
B 1,000,000
X X BA-8W808374-23-26-G 6/1/2023 6/1/2024
B 4,000,000
CUP-8W843481-23-26 6/1/2023 6/1/2024 4,000,000
10,000
B
X UB-9W425858-23-26-G 6/1/2023 6/1/2024 1,000,000 Y 1,000,000 1,000,000
Certificate Holder(s) are named as additional insured with respect to the General Liability per the attached and a waiver of subrogation applies, this insurance is Primary & Non-Contributory, the certificate holder(s) are also named as additional insured, Primary & Non-Contributory and a waiver of subrogation, applies with respect to the Auto per the attached and a Workers Compensation waiver of subrogation applies per the attached when required by written contract for the following project:
30 Day Notice of Cancellation / 10 Day for Non-payment
Project: Malibu Bluffs Park South Walkway 24250 Stuart Ranck Road, Malibu, CA 90265 City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
ARDACON-01 DIANNA
AssuredPartners of California Insurance Services, LLC.
2913 S. Pullman Street
Santa Ana, CA 92705
The Travelers Indemnity Company of Connecticut
Travelers Property Casualty Co of America
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XLI EHZERGI ERH EYHMX TVIQMYQW TEMH JSV XLI O X TY P WLI XS XLI KI I E TYF M S WTI M M Q V FM H R V P PG V GJG E I TS M ] TI M H MW KVI XI XLE XLI I VR H PG VS E V R E I WI Q RX E S X ] YV KS HW TVS Y XW S WIV M I K I W F Y S S H G V ZG W TVIQMYQ [I [MPP VIXYVR XLI I\GIWW XS XLI JMVWX JS XL TYVT WI S E X E K GYWXS I W S V I S J XV Q V V 2E I RWYVI  WYTT VX V  S L T V S I S LM HI M M M R Q H- H S IW * VX I Y T W W JX W JRXS

G 8LI JM WX 2E I -R YVI Q WX O I VI S H S V QH W H Y IT GVW J E 2S M I XL X E I TYFP WLI M GP HI Q X V E XG W E V M H R Y EIM P XL MR S Q X S [I RI H JS TVI M Q TP GI S XLI -RX VR X S S I J V E M R I V Q Y E H R I I V R WMQ P V ME GS T X XM R E H WI H YW GS M W E WYGL X Q W Q YE S  R R TI X M I Q E W S GS Q RM E M R E H I R J Q Y G XS R E [I Q ] VI Y WX W E UI F 6I E HM K [I WMX W S P XLE TE X S E [I WM I K V R F I R] X V J F X  6IT IW R EXM R V IX SW XL X MW E S X ] Y KS H  TVS Y XW S WI Z GI E FY SV SW H G V VM W &] XM K X M T P G] S KVI
T R LW SM ] YE I JS XL TYV S I S E X E GYWXS I W S V I T W W J XV Q V V WYTT VX V M GS WM I I E E Z VX WI I X S IW W R H V H R H I M Q R 4E I  S  KJ   8LI 8VEZIPIVW -RHIQRMX] 'SQTER] %PP VMKLXW VIWIVZIH '+     8

-RGPYHIW GST]VMKLXIH QEXIVMEP SJ -RWYVERGI 7IVZMGIW 3JJMGI -RG [MXL MXW TIVQMWWMSR

ETTVSEGL
WTIGMJMGEPP]
GXMR
GXMRK

IPIGXVSRMG
EGGI
[LMGLIZIV GSQIW JMVWX
(IGPEVEXMSRW

WYGL MRWYVIH
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6IU M IH & ;VM XI S XVEG YV ] X R' R X
26 '311 6'- 0 + 2)6%0 -%& 0- = ) % ) 0 -8
8 -7 )2(367)1)28 ',%2+)7 8 ) 430-'= 40 %7) 6)%( -8 '%6)*900= , ,) <8)2( )2(367)1)28 *36 '3286%'8367
8LM I HSVWIQI X Q H JMI M WYVERGI TVSZ HIH YRH IV LI J P S MRK W R R SM WR M X SP [
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79&7 (-%6-)7 - F % VYWX X
8LI JSP S[MRK MW EH IH XS PH E MRHM E IH MR M W REQ S XLI HSGYQ R W XLE W GX X I V IX X %2 -279 )( 6
KSZ VR MX WXVY XYVI IW G
%R] S ]S V WYF MHMEV I  S LIV XLER E TE XRIVWLM  J Y W MW X V T NS R Z RXYVI S PMQ XIH PMEFMP X] GSQ ER] XLEX M MX I V M M T W RS WLS[R EW E 2EQ H -RWYVIH MR XLI XI %9 , 6 >% - 2 6 0 8- + 8 3 ) %8 3 7 8 3 - 83 7 ) % 2 3 4 6 - 2

M E EQ H -R YVIH J
W2 I W M
8LI JSP S[MRK MW EH IH XS PH
E =S EVI XLI WS I S[RIV S  S QE RXEM ER Y P JV M R %2 -279 )( 6 S[RIVWLMT MRXIVI X S QS I XLER  MR WYGL WJ V
WYFWMHME ] SR XLI JM WX HE] S XLI TSP G] TIVMS  V V JM H %R] KSZ V QIR EP IRXM ] XLE LE MWWYIH E TIVQ X IR X X X W M ERH SV EYXLSVM^E MSR [MX VI TI X XS STI EXMSRW X L WG V TI JS QIH F] ]S SV SR ]SYV FILEP ERH XLEX ]SY VV Y J F 7Y L WYFWMHMEV] M RSX ER MR YVIH YRHI G W WV EVI VIUYMV IH F] ER] S HMRERGI PE[ FYMP MRK GSHI VH WM MPE S LIV R YVERGI Q V X MW SV [VMXXIR GSRX EGX SV EKVIIQI X XS MRGP HI E ER V R YW 2S WYGL WYFWMHMEV] M E MRWYVIH JS FSHMP] MRNY ] W R V V EHHM MSREP M WYVIH SR XLM 'SZ VEKI 4E X MW E X R WI V R SV TVSTIVX] HEQE I XLE S GYVVIH S TIVWS EP M WYVIH FYX SRP] [M L VI T K X G V R R X W I X XS PMEFM M ] JS FSHMP] G PX V ERH E Z VX WMRK M NY ] GEYWIH F] ER S JI WI HIM R V J R M NY ] TVSTI X] HEQ KI SV TIVWS EP ERH RV V E R

GSQ M XIH
QX EHZ VXM MRK MRN V] EVM MRK SY S YGL STIVEXMS W I W Y W X JW R E &I S I ]SY QE RXEM IH ER S[RIVWLMT MRXIVI X JV M R W 8LI MR YVER I TVSZ HIH XS WYGL KSZ V QIR EP W G M IR X S QS I XLER  M WYGL YF MHMEV] SV IR MX] HSI RSX ETTP] S

XW X J V R WW
F %J I XLI HEXI M ER] HYVM K XLI TSPM ] TIVMS E %R] FSHM ] MRNY ]  TVSTIVX] HEQE I S P V K V XV J  R G H TI WSREP ERH EHZ VXM MRK MRNYV] E M MRK S X S V I W VW Y J XLEX ]S RS PSRKIV QE RXEMR E S[RIVWLM Y MR T STIVEXMS W TIVJS Q H JS XLI KSZ V QIR EP R V I V IR X M XIVI X S SVI LER  R WYGL WYFWM ME ] R W JQ X M H V IR MX] SV X *S TYVTSWI S 4E EKVETL V WJ V  S 7I XMSR JG -- F %R] FSHMP] MRN V] SV TVSTIVX] HEQ KI Y E  -W %R -RWYVIH IE L WYGL WYFWMHMEV] [MP FI GP M GPY IH MR XLI TVSHYGXWGS TPI IH RH QX HIIQ H XS I HI MKREXIH MR XLI (IGPEVEX SR E I F W M WW STIVEXMS W LE^EVH R
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(   8LI 8 EZIPIVW -RHIQRMX 'SQTER] %PP VMKLXW V ] VIWIVZIH 4E I  S  KJ -RGPYHIW GST]VMKLXIH QEXIVMEP SJ -RWYVERGI 7IVZMGIW 3J MGI -RG [MXL MX J W TIVQMWWMSR (IGPEVEXMSRW
1PMJDZ/VNCFS%5$085$5
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27 '311 6'- 0 + 2)6%0 -%& 0- = ) % ) 0 -8
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F %R E X S SQ WWMS GSQ M XIH M TVSZ HMR G V M R QX R M K -R M IRXEP Q H GEP WI Z GI  Q E W

GH I M V M W I R
SV JE P RK XS TVSZ HI MRGMHIRXEP QI MGE MM M H P
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ETTP E GI  MR W
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F

G
ERH
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EFSZ HS I '3 1)6'-%0 +)2) %0 0-%&- -8 1 6 0=
RSX ETTP] XS
FSHMP] MRNYV] EVMWMRK SYX SJ '32( 8 32 -- 7

TVSZ HMR S EM MRK S VSZ HI
M K VJ P X T M 8LM M WYVERGI M I\ I W SZ V ER] Z PM ER W R W GW I EH H

E
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F
* VWX EM SV +SSH 7EQE MXER WI Z GI  F] M H V VM W JE P R XS TVSZ HI M GMHIRXEP QIHM EP WIVZ GI  MM K M R G M W E ] S ] Y IQ PS]II  S  XS ER] TIVWS XS XLI I\ IRX RSX R J S V T W V R X WYFNI X XS Z PYRXIIV S G 4E EK ETL VV E 
S 7I X SR J GM --
Z PYRXIIV HS XSV %R] WYGL IQ PS]II  S G TW -R YVIH W SV Z PY XIIV [S OIVW TVSZ HMRK S JE P RK S R V M V MM ( & %2/)8 ;%-:)6 3 79& 3 %8-32  0 * 6+ XS TVSZ HI JM WX EMH SV +SSH 7EQE M ER M V VX WI Z GI  HYVMRK XLIM [SVO LSY W JS ]SY VM W V V V 8LI JS PS[MRK MW E HIH XS 4EVEKVETL PH  8VE WJI RV
[MP FI HIIQ H XS FI E X RK [M LMR XLI P I GM X 3 6MKL W 3 6IGS IV] %KEM WX 3 LIVW 8S 9W J XJ Z R X  WGS I S XLIM IQ PS]Q RX F] ]S S T J V T I YV SJ
TI JS Q R HYXMI VIPE IH XS XLI GS HY X V V MK W X R G 0 %&- - = '3 ( 8 32 - 08 2 - - 7

S ]S V FYWMRI W JY W -J XLI MRWYVIH LEW E VII MR E GSRX EGX S KH V V  8LI JS PS M K VITPE I XLI PE X WI XIRGI S P [R G W W R J EK II IRX XS [EMZ XLEX M WYVIH

VMKL S VQ I R W X J
4E EK ETL VV  SJ VI SZ V] EKEMRWX ER] TIVWSR S S KER ^EX SR [I GI VV M M -279 %2 ) 6'
[EMZ SYV VMKLX S I SZ V] EKEMR X YGL TI WSR S I JV G I W W V V *S XLI TYVTS I S HIXI Q RMR XLI V WW J V M K SVKERM EXMSR FYX SRP] JS TE] IRXW [I QE I ^ VQ O ETTP GEFPI )E L 3GGYVVIRGI 0MQ X EP VIPEXIH M G MP FI EYWI S GJ
E X SV SQ WWMSRW GSQ M XIH M TVSZ HM K S GW M QX R M R V E &S MP] M NY ] S TVSTIVX] HEQ KI XLEX H RV V E JE P R XS TVSZ HI MRGM IRXEP QI MGE MM K M H H P S GYVW S GV WI Z GI  JM WX E H S +SSH 7EQ V XER V M W V M V EM
F 4I WS EP ERH EHZ VXM MRK MRN V] GE WIH F] V R IW Y Y WI Z GI  XS ER] SRI TIVWS [MP FI HIIQI XS VM W R P H FI SRI S GYVVIRGI ER S JI WI LEX M GSQ MX IH J R X W QX  G  8LI JS PS[M K I\ PY MSR M EHHIH XS WYFWIUYIRX XS XLI I\ GYXMSR S XLI P R G W W I J GSRX E X S VG V 4E EK ETL VV  )\GPYW SR MW SJ EK II IRX VQ
-2.9 = %2( 4 34 68 (%1%+) 66 ) =
0 %&- - = - 08
 8LI JSP S MRK VITPE I 4E EKVETL P[ GW V G S XLI J
7E I 3 4L VQEGIY MGEPW PJE X HI M M MSR S MRWYVIH GSRX EGX M XLI JRX J V R ( *-2 8-32 )- 7 7I XMSR
G &S MP] MRNY ] SV TVSTIVX] HEQE I EVM MRK H V K W
SY S XLI Z SPE MSR S E TIREP WXEX XI S XJ MX J Y V G %R] IE IQ RX SV P GIRWI EKVIIQ RX WI M I

SVHM ERGI VIPE M K XS XLI WEPI S RX R J
4E I  S  KJ   8LI 8 EZIPIVW -RHIQRMX 'SQTER] %PP VMKLXW V ] VIWIVZIH '+    (
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 4E EK ETL VV J 
S XLI HI MRMX S S M WYVIH J J MR J R E %R] TVIQ WI [LM I VIRXIH XS ]S S MW P Y V GSRX E X M XLI V G R ( *-2 8-32 )- 7 7I XMSR MW XIQ SVE M ] S GYTMIH F] ]SY [M L TI Q WWMSR G T VP G X V M HI IXIH S LI S[RI  SV P JX V
* (%1%+) 83 4 )1-7) )2 )( 83 =39 F  6 76 8  8LI GS XIRX S ER] TVIQM I [LM I WYGL R W J WW P TVIQ WI M VIRXIH XS ]S  M ] Y VIRX WYGL M WW Y J S 8LI JSP S[MRK VITPE I XLI HI M MXMSR S TVIQ WI P G W JR J M W TVIQ WI JS E TIVMSH S WIZ R SV JI[I MW V J I V HEQE I MR LI K X ()* 2-8 327 -- 7I XMSR G

GSRWI YXMZ HE]  GI W
4VI M I HEQE I Q E W TVSTIVX] HEQE I XS
QW W K  I R K
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8,-7 )2(367)1)28 ',%2+)7 8,) 430-'= 40)%7) 6)%( -8 '%6)*900= '3286%'8367
8LMW IRHSVWIQIRX QSHMJMIW MRWYVERGI TVSZMHIH YRHIV XLI JSPPS[MRK

&97-2)77 %983 '3:)6%+) *361
'% 8

    8LI 8VEZIPIVW -RHIQRMX] 'SQTER] %PP VMKLXW VIWIVZIH -RGPYHIW GST]VMKLXIH QEXIVMEP SJ -RWYVERGI 7IVZMGIW 3JJMGI -RG [MXL MXW TIVQMWWMSR 4EKI  SJ 
463:-7-327
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;LS -W %R -RWYVIH SJ
%9837 0-%&-0-8= '3:)6%+)

8LMW MRGPYHIW ER] TIVWSR SV SVKERM^EXMSR [LS ]SY
EVI VIUYMVIH YRHIV E [VMXXIR GSRXVEGX SV
EKVIIQIRX XLEX MW WMKRIH F] ]SY FIJSVI XLI
FSHMP] MRNYV] SV TVSTIVX] HEQEKI SGGYVW ERH
XLEX MW MR IJJIGX HYVMRK XLI TSPMG] TIVMSH XS REQI
EW ER EHHMXMSREP MRWYVIH JSV 'SZIVIH %YXSW
0MEFMPMX] 'SZIVEKI FYX SRP] JSV HEQEKIW XS [LMGL
XLMW MRWYVERGI ETTPMIW ERH SRP] XS XLI I\XIRX SJ

XLEX TIVWSR
W SV SVKERM^EXMSR
W PMEFMPMX] JSV XLI
GSRHYGX SJ ERSXLIV MRWYVIH
 8LI JSPPS[MRK MW EHHIH XS 4EVEKVETL & 3XLIV
-RWYVERGI SJ
'32(-8-327

6IKEVHPIWW SJ XLI TVSZMWMSRW SJ TEVEKVETL E ERH
TEVEKVETL H SJ XLMW TEVX  3XLIV -RWYVERGI XLMW
MRWYVERGI MW TVMQEV] XS ERH RSRGSRXVMFYXSV] [MXL
ETTPMGEFPI SXLIV MRWYVERGI YRHIV [LMGL ER
EHHMXMSREP MRWYVIH TIVWSR SV SVKERM^EXMSR MW E
REQIH MRWYVIH [LIR E [VMXXIR GSRXVEGX SV
EKVIIQIRX [MXL ]SY XLEX MW WMKRIH F] ]SY FIJSVI
XLI FSHMP] MRNYV] SV TVSTIVX] HEQEKI SGGYVW
ERH XLEX MW MR IJJIGX HYVMRK XLI TSPMG] TIVMSH
VIUYMVIW XLMW MRWYVERGI XS FI TVMQEV] ERH RSR
GSRXVMFYXSV]
&GGFDUJWF 1PMJDZ/VNCFS#"8(
30 '311)6'-%0 %983
8LMW IRHSVWIQIRX QSHMJMIW MRWYVERGI TVSZMHIH YRHIV XLI JSPPS[MRK

&97-2)77 %983 '3:)6%+) *361
'% 8   
8,-7 )2(367)1)28 ',%2+)7 8,) 430-'= 40)%7) 6)%( -8 '%6)*900= &97-2)77 %983 )<8)27-32 )2(367)1)28
  8LI 8VEZIPIVW -RHIQRMX] 'SQTER] %PP VMKLXW VIWIVZIH 4EKI  SJ  -RGPYHIW GST]VMKLXIH QEXIVMEP SJ -RWYVERGI 7IVZMGIW 3JJMGI -RG [MXL MXW TIVQMWWMSR +)2)6%0 ()7'6-48-32 3* '3:)6%+)
MRNYV] HEQEKI SV QIHMGEP I\TIRWIW HIWGVMFIH MR ER] SJ XLI TVSZMWMSRW SJ XLMW IRHSVWIQIRX QE] FI I\GPYHIH SV PMQMXIH F] ERSXLIV IRHSVWIQIRX XS XLI 'SZIVEKI 4EVX ERH XLIWI GSZIVEKI FVSEHIRMRK TVSZMWMSRW HS RSX ETTP] XS XLI I\XIRX XLEX GSZIVEKI MW I\GPYHIH SV PMQMXIH F] WYGL ER IRHSVWIQIRX 8LI JSPPS[MRK PMWXMRK MW E KIRIVEP GSZIV EKI HIWGVMTXMSR SRP] 0MQMXEXMSRW ERH I\GPYWMSRW QE] ETTP] XS XLIWI GSZIVEKIW 6IEH EPP XLI TVSZMWMSRW SJ XLMW IR HSVWIQIRX ERH XLI VIWX SJ ]SYV TSPMG] GEVIJYPP] XS HIXIVQMRI VMKLXW HYXMIW ERH [LEX MW ERH MW RSX GSZIVIH % &63%( *361 2%1)( -2796)(
& &0%2/)8 %((-8-32%0 -2796)(
' )1403=)) ,-6)( %983
( )1403=))7 %7 -2796)(
0-1-87
463:-7-327
% &63%( *361 2%1)( -2796)(
8LI JSPPS[MRK MW EHHIH XS 4EVEKVETL % ;LS -W
%R -RWYVIH SJ
0-%&-0-8= '3:)6%+)

%R] SVKERM^EXMSR ]SY RI[P] EGUYMVI SV JSVQ HYV
MRK XLI TSPMG] TIVMSH SZIV [LMGL ]SY QEMRXEMR
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WITEVEXIP] MRWYVIH JSV &YWMRIWW %YXS 'SZIVEKI
'SZIVEKI YRHIV XLMW TVSZMWMSR MW EJJSVHIH SRP] YR
XMP XLI 
XL HE] EJXIV ]SY EGUYMVI SV JSVQ XLI SV
KERM^EXMSR SV XLI IRH SJ XLI TSPMG] TIVMSH [LMGL
IZIV MW IEVPMIV
& &0%2/)8 %((-8-32%0 -2796)(
8LI JSPPS[MRK MW EHHIH XS 4EVEKVETL G MR %
;LS -W %R -RWYVIH SJ
%9837 0-%&-0-8= '3:)6%+)

%R] TIVWSR SV SVKERM^EXMSR [LS MW VIUYMVIH YRHIV
E [VMXXIR GSRXVEGX SV EKVIIQIRX FIX[IIR ]SY ERH
XLEX TIVWSR SV SVKERM^EXMSR XLEX MW WMKRIH ERH
I\IGYXIH F] ]SY FIJSVI XLI FSHMP] MRNYV] SV
TVSTIVX] HEQEKI SGGYVW ERH XLEX MW MR IJJIGX
HYVMRK XLI TSPMG] TIVMSH XS FI REQIH EW ER EHHM
XMSREP MRWYVIH MW ER MRWYVIH JSV 'SZIVIH %YXSW
0MEFMPMX] 'SZIVEKI FYX SRP] JSV HEQEKIW XS [LMGL
. 4)6732%0 4634)68=
/ %-6&%+7
0 238-') %2( /23;0)(+) 3* %''-()28 36
0377
1 &0%2/)8 ;%-:)6 3* 79&63+%8-32
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34 4

NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that electronic bids for the City of Malibu, MALIBU BLUFF’S PARK SOUTH WALKWAY PROJECT SPECIFICATION NO. 2106, will be received by the City Clerk, at Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, 90265 at or before 3:30 p.m. on Thursday, NOVEMBER 2, 2023, at which time they will be publicly opened and read by the City Clerk (or designated representative).

SCOPE OF WORK
In general, the proposed improvements consist of the south walkway repairs at Malibu Bluff’s Park. The improvements include constructing a new concrete curb and concrete sidewalk along with appurtenant work including but not limited to sidewalk removal, clearing, grubbing, earthwork, and all other appurtenant work included and shown in the Contract Documents and Specifications.

The bid shall be submitted and the work shall be performed by a Class “A” State of California licensed contractor in strict conformance with the project specifications for Malibu Bluff’s Park South Walkway Project Specification No. 2106 now on file in the City’s Public Works Department.

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

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

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

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

EXHIBIT A
35 5
The wage rate for any classification not listed by the California Department of Industrial Relations, but which may be required to execute the proposed contract, shall be in accord with specified rates for similar or comparable classifications or for those performing similar or comparable duties, within the agency’s determinations.

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

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

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

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

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

Date this 28th day of September, 2023

CITY OF MALIBU, CALIFORNIA
__________________________________________________
Rob DuBoux, Public Works Director/City Engineer
Published: Malibu Times on October 5, 2023 and October 12, 2023 36 EXHIBIT B
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