Malibu City Council
February 12, 2024

Agenda Item # 3.B.7.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Parker Davis, Media Technician
Reviewed by: Alexis Brown, Deputy City Manager
Approved by: Steve McClary, City Manager
Date prepared: January 24, 2024 Meeting date: February 12, 2024 Subject: Disposal of Surplus Property
RECOMMENDED ACTION: Approve the disposal of surplus City equipment.

FISCAL IMPACT: It is estimated that the City could receive $4,000 to $7,000 in revenue.

Revenue will be credited to Media Operations – Equipment and Maintenance Account (100-7002-5640) in the City budget.

DISCUSSION: Council Policy #39 requires the City Council to determine that equipment is surplus prior to its disposal.

As part of the acquisition of the current City Hall building, the City acquired an extensive amount of audio equipment. The equipment has remained in storage and unused for over 5 years. Due to the high demand for storage space in City Hall, there is no longer room to accommodate the equipment. In accordance with Council Policy #39, since there is no reasonable City use for the items listed in Attachment A, the items will be listed in a public auction as surplus property. Due to the specificity of the items, staff recommends that the items for sale be advertised on music industry resale sites.

ATTACHMENTS: 1) List of Surplus Property
2) Council Policy #39
City Council Meeting
02-12-24
Item

3.B.7.

Qty Brand Model Description
1 Penn Fabrication Dimensions: W-29.5" D-48" H-49" Road case 2 Penn Fabrication Dimensions: W-26" D-26" H-27.5" Road case 2 Penn Fabrication Dimensions: W- 21.75" D-18.25" H-29.5" Road case 1 AKG D112 Mirophone
1 AKG C451B Mirophone
2 AKG SE300B Mirophone
2 Beyer M160 NC Mirophone
1 Shure SM58 Mirophone
1 Shure SM57 Mirophone
1 Vocopro Mark 12 Pro Mirophone
5 Countryman Associates Type 85 FET Direct Box Audio preamplifier 1 Sony ECM 77B Mirophone
1 BSS AR 133 Audio preamplifier
1 Rapco db 101sl Audio preamplifier
3 Clearcom CC260 Headsets Communication headset
2 Clearcom CC95 Headsets Communication headset
6 Clearcom 501 Single Channel Communication transmitter 6 EAW SM200iH Speaker
2 EAW SM500 Speaker
4 JBL EON PA Speakers Speaker
4 Unknown Speaker Stands Speaker Stands
1 Sanyo HD Prowide Multiverse Projector Projector
1 Unknown Inflatable Projector Screen Projector Screen
Surplus Inventory
Attachment #1
Attachment #2

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: January 22, 2024 Meeting date: February 12, 2024 Subject: Amendment to Professional Services Agreement with Kimley Horn and Associates, Inc.

RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 4 to the Professional Services Agreement with Kimley Horn and Associates, Inc. (Kimley-Horn) in the amount of $297,850 for a total not to exceed $3,240,860 for additional engineering design during construction and extending the term of the agreement for the Pacific Coast Highway (PCH) Signal Synchronization Project.

FISCAL IMPACT: No additional appropriation is required. Funding for this amendment is included in the Adopted Budget for FY 2023-24 in Account Number 310-9066-5100 (PCH Signal System Synchronization Project). This project is fully funded through Los Angeles County Measure R funds with the Los Angeles County Metropolitan Transportation Authority. There is sufficient funding available for this additional work.

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

DISCUSSION: In May 2017, the City entered into an agreement with Kimley-Horn to provide traffic engineering design services for the PCH Signal Synchronization Project.

On June 10, 2019, City Council approved Amendment No. 1 to the agreement to modify the scope of work additional traffic engineering services for planning, design, and environmental analysis for a Traffic Operations Center at City Hall.

City Council Meeting
02-12-24
Item

3.B.8.

Agenda Item # 3.B.8.

On March 8, 2021, City Council approved Amendment No. 2 to modify the scope of work to include the Nobu traffic signal modification, additional environmental technical studies and system integration services for the overall PCH signal system.

On May 9, 2022, City Council approved Amendment No. 3 to extend the term and modify the scope of work to include support during the bidding and construction phases.

The PCH Signal Synchronization Project is currently under construction and is expected to be completed in the Spring of 2025. Staff has identified a series of safety-related project enhancements that can be included in this project. The enhancements include:
• Adding a Red-Light Enforcement Camera system to the new traffic signals. • Adding a new traffic signal system which will detect traffic speeds and will automatically turn the traffic signal to red.
• Adding new pedestrian traffic signals.
• Modifying an existing flashing hybrid beacon signal to a pedestrian signal. • Adjust the traffic signal timing to a “rest in red” mode. During specific hours, the traffic signal will be red. The signal will turn green when the vehicle is detected at the intersection.
• Create conceptual plans for a “boulevard” type reconfiguration of PCH.

This proposed amendment to Kimley Horns’ agreement will include the additional engineering design services for the above-mentioned items.

Staff recommends Council approve Amendment No. 4 to Agreement with Kimley-Horn.

ATTACHMENTS:

1. Amendment No. 4 to Agreement with Kimley-Horn
AMENDMENT NO. 4 TO AGREEMENT
THIS AMENDMENT NO. 4 TO AGREEMENT is made and entered in the City of Malibu on February 12, 2024, by and between the CITY OF MALIBU, hereinafter referred to as City, and Kimley Horn and Associates, hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On May 8, 2017, the City entered into an Agreement with Consultant for traffic engineering design services for the Pacific Coast Highway Signal System Improvements Project (the “Agreement”).

B. On June 10, 2019, the City amended the Agreement to modify the scope of work to include additional traffic engineering services for planning, design, and environmental analysis for a Traffic Operations Center at City Hall, extend the term of the Agreement and modify the compensation of services.

C. On March 8, 2021, the City amended the Agreement to modify the scope of work to include the Nobu traffic signal modification, additional environmental technical studies and system integration services for the overall PCH signal system.

D. On May 9, 2022, the City amended the Agreement to extend the term and modify the scope of work to include support during the bidding and construction phases.

E. The City desires to amend the Agreement extending the term and to modify the scope of work to include rest in red traffic signal operation, red light camera enforcement, speed management using traffic signals, conversion of flashing beacons to traffic signals, and conceptual plans for corridor reconfiguration, and 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 A attached hereto.

2. Section 2.0 – Term of Agreement, of the Agreement, is hereby extended to May 4, 2026.

3. Section 4.0 – Compensation for Services, of the Agreement, is hereby amended as set forth in Exhibit B attached hereto.

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 not amended by this Amendment No. 4 remain in full force and effect.

Amendment No. 4 to Agreement
Kimely Horn and Associates

255-2
This Agreement is executed on ______________________, at Malibu, California, and effective as of February 12, 2024.

CITY OF MALIBU: ____________________________________ STEVE UHRING, Mayor ATTEST: ____________________________________ KELSEY PETTIJOHN, City Clerk (seal)
APPROVED AS TO FORM: CONSULTANT: _____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: Sri Chakravarthy, PE, TE Title: Vice President
kimley-horn.com 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 213 261 4040 January 25, 2024
Rob Duboux, P.E.

Public Works Director / City Engineer
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
RE: Letter Proposal for Pacific Coast Highway Safety Improvements, Malibu, CA Dear Rob:

Kimley-Horn and Associates, Inc. (“Kimley-Horn”) is pleased to submit this proposal to the City of Malibu (“Client”) to provide professional engineering services for Pacific Coast Highway Safety Improvements in Malibu, California. This proposal is based upon the background information, project requirements, and our recent discussions with you. Our understanding of the project, scope of services, fee, and schedule are provided in the sections following.

Project Understanding
We understand that various improvements along Pacific Coast Highway within the City limits are being considered to improve safety along the corridor. These improvements include:

1. Rest in Red Traffic Signal Operation

2. Red Light Camera Enforcement

3. Speed Management using Traffic Signals

4. Conversion of Flashing Beacons to Traffic Signals

5. Corridor Re-Configuration through Raised Medians, Re-String, Wider Shoulders, and Designated Turn Pockets
We understand that Caltrans would provide general requirements for the design and implementation of several of these improvements.

Scope of Services
Kimley-Horn will provide the following scope of services as outlined below:

TASK 1: PROJECT INITIATION, PROJECT MANAGEMENT, AND

MEETINGS
Kimley-Horn will initiate the project by meeting with the City to discuss the improvements and coordinate our planned approach. Kimley-Horn will provide project management for each task

kimley-horn.com 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 213 261 4040 detailed in this scope of services for the project duration, which is assumed to be 9 months. This task consists of providing project administration and attending up to six (6) additional project meetings or conference calls.

TASK 2: REST IN RED TRAFFIC SIGNAL OPERATION
This task includes data analysis to identify intersections, obtain signal timing sheets, mark-up timing sheets, and verify field changes.

Kimley-Horn will perform data analysis of all the signalized intersections along PCH within the City limits to identify intersections for rest in red operation. We will analyze collision data and any available traffic counts, and review traffic signal controller capabilities to determine the locations. Upon completion of this analysis, we will obtain signal timing sheets from City/Caltrans for the locations identified for rest in red operation. We will mark-up the timing sheets and submit to City and Caltrans for review. Upon receipt of comments, we will revise and re-submit timing sheets for implementation by Caltrans. We will field verify the rest in red operation and recommend any changes based on our observations.

TASK 3: RED LIGHT CAMERA ENFORECEMENT
This task includes data analysis to identify intersections, obtain traffic signal as-built plans, field review of the identified intersections, preparation of design sheets, and submittal of plans for City and Caltrans review.

Kimley-Horn will perform data analysis of all the signalized intersections along PCH within the City limits to identify intersections for red light camera enforcement. We will analyze collision data, obtain input from City staff, coordinate with California Highway Patrol (CHP) and LA County Sheriff, and meet with red light camera vendors (up to two). The purpose of these meetings will be to obtain consensus of locations, review the available enforcement model, and to discuss any design related requirements.

As part of this task, we will obtain available intersection drawings from the City and research available relevant as-builts from Caltrans. We will perform field work to verify observable existing conditions and to assist with design. Measurements at the subject intersection will be made to document the location of features such as signing and striping, existing traffic signal equipment, curb/gutter, sidewalk, and the presence of above-and visible below-ground utilities.

We will create engineering plans using as-built plans and the field review as the basis of design. The engineering plans will be prepared using AutoCAD in English units using Caltrans symbology. The following types of plans will be prepared:

Title sheet – Assume 1 sheet
General construction notes – Assume 1 sheet
Red Light Camera Enforcement Plans (Scale: 1” = 20’) – Assume up to four (4) sheets, one per location. Proposed improvements will be done by showing mark-ups on as-builts and reference plans provided by the City.

Construction Details – Assume up to 1 sheet

kimley-horn.com 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 213 261 4040 Kimley-Horn will submit the plans for review at 95%, and 100%. We will address one set of consolidated comments for each submittal.

TASK 4: SPEED MANAGEMENT USING TRAFFIC SIGNALS
This task includes data research, development of signal controller programming and logic, coordination with Caltrans, documentation, and pilot implementation.

Kimley-Horn will review available research for speed management using traffic signals and document the findings in a technical memorandum. This task will include:

Review of the controller firmware for signals on PCH to determine if the firmware has the capability to receive/support the message from field equipment.

Coordination with Caltrans to determine the need to review speeds and stream decisions from Central system
Determine if the firmware has the capability support the criteria/communication protocol Develop a basis of design, including any additional field equipment such as radar detection Develop a logic engine to evaluate speeds by specific times of day. If criteria is met, issue command such as ‘all-red’ command for the appropriate amount of time We anticipate an initial budget of 100 hours for this task. We will request additional budget via an amendment if more budget is required.

TASK 5: CONVERSION OF FLASHING BEACONS TO TRAFFIC

SIGNALS
This task includes as-built research, field review of the identified intersections, preparation of design plans, and submittal of plans for City and Caltrans review. We have assumed up to two (2) locations as part of this task.

As part of this task, we will obtain available intersection drawings from the City and research available relevant as-builts from Caltrans. We will perform field work to verify observable existing conditions and to assist with design. Measurements at the subject intersection will be made to document the location of features such as signing and striping, existing traffic signal equipment, curb/gutter, sidewalk, and the presence of above-and visible below-ground utilities.

Kimley-Horn will engage a sub-consultant to prepare a 1” = 20’ scale base map, with a 1’ contour interval of the intersection based upon a field survey. The map will delineate existing site conditions and key features. The exterior boundary shall be compiled from information obtained from governmental records. Easements shall be plotted from information obtained from available title reports and underlying documents.

Kimley-Horn will send utility notification letters for proposed work to determine the existing utilities in the vicinity of the project and to show existing on facilities on our plans. The list of utility companies

kimley-horn.com 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 213 261 4040 will be obtained from Caltrans. Existing utilities will be avoided to the extent possible for these improvements.

We will create engineering plans using as-built plans and the field survey as the basis of design. The engineering plans will be prepared using AutoCAD in English units using Caltrans symbology. The following types of plans will be prepared:

Title sheet - Assume 1 sheet
General construction notes - Assume 1 sheet
Traffic Signal Plans (Scale: 1” = 20’) - Assume up to two (2) sheets, one per location.

Street Improvement Plans (for turn pocket, sidewalk and curb ramp improvements, Scale:
1”=40’) – Assume 2 sheets
Construction Details - Assume up to 2 sheets
Kimley-Horn will submit the plans for review at 95%, and 100%. We will address one set of consolidated comments for each submittal.

TASK 6: CONCEPTUAL PLANS FOR CORRIDOR RECONFIGURATION
This task includes preparation of conceptual plans for City review.

Kimley-Horn will use aerial imagery as the basis to prepare conceptual plans for the corridor. The conceptual plans will be to scale and will include Right-of-Way, centerline, existing striping, lane widths, and curb line if present. We will prepare the conceptual plans for the portion of PCH between Malibu Canyon Road and a quarter mile east of Big Rock Drive. Plans will include features to reduce speed such as narrow travel lanes, wider shoulders, buffered green striping along the shoulder, removal of Two-Way-Left-Turn-Lane (TWLTL) striping to install quick-build medians, and turn pockets at existing/proposed pedestrian signals and at mid-block locations.

We will prepare conceptual plans initially for the following areas for City review prior to preparing plans for the entire corridor:

Mid-block segment
Pedestrian Signal location to show turn pocket for left-turns and U-turns Signalized intersection
We will submit the conceptual plans for City and Caltrans review. The plan set will be prepared at a 1”=60’ scale and will include up to 15 sheets. Upon receipt of consolidated set of comments, we will submit a revised plan set. We have assumed up to two (2) rounds of review comments.

kimley-horn.com 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 213 261 4040 Project Schedule
Kimley-Horn will provide our services as expediently as practical to meet a mutually agreed upon schedule.

Assumptions
We assume the following for the project:

Plan will conform to Caltrans 2023 standard plans and specifications and the latest version of the California MUTCD.

The location and design of the proposed crosswalk will conform to all applicable ADA requirements, Caltrans Highway Design Manual and Design Information Bulletin 82-6.

PEER, DSDD, or Encroachment Permit Application is not included No utility adjustments or relocations are required.

No Traffic Control Plan preparation is required
Plan preparation assumes addressing up to two (2) rounds of comments from Caltrans, following the 95% submittal.

Exhibit B – Compensation of Services
We understand that this will be an amendment to our current contract for the Pacific Coast Highway Signal System Improvements Project. Kimley-Horn will perform the services described above in tasks 1 through 6 in the Scope of Services for a labor fee of $297,850. Our revised hourly billing rates for the remainder of this contract is shown on the next page. Shown below is a breakdown of our proposed lump sum fee billings by task:

TASK NO. TASK DESCRIPTION FEE
1 Project Initiation, Project Management and Meetings $28,300 2 Rest in Red Signal Operation $29,500
3 Red Light Camera Enforcement $58,700
4 Speed Management Using Traffic Signals $25,000
5 Conversion of Flashing Beacons to Traffic Signals $98,450 6 Conceptual Plans for Corridor Re-Configuration $57,900 TOTAL COST $297,850

kimley-horn.com 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 213 261 4040

HOURLY BILLING RATES
SUPPORT STAFF ............................................................................................ $110.00 ANALYST I ....................................................................................................... $140.00 ANALYST II ...................................................................................................... $160.00 PROJECT SUPPORT STAFF .......................................................................... $165.00 PROFESSIONAL I ............................................................................................ $195.00 PROFESSIONAL II ........................................................................................... $220.00 PROFESSIONAL III .......................................................................................... $255.00 SENIOR PROFESSIONAL I ............................................................................. $290.00 TECHNICAL ADVISOR .................................................................................... $315.00 SR. TECHNICAL ADVISOR ............................................................................. $335.00 Other Direct Costs: Outside Printing/Reproduction, Delivery Services/USPS, Misc. Field Equipment/Supplies, and Travel Expenses will be billed at cost plus 10%. Mileage will be billed at the Federal Rate.

Subconsultants: Billed at cost plus 10%.

Closure
We appreciate the opportunity to provide these services to you. Please contact me if you have any questions.

Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.

Sri Chakravarthy, P.E., T.E.

Vice President

Agenda Item # 3.B.9.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Alexis Brown, Deputy City Manager
Approved by: Steve McClary, City Manager
Date prepared: January 24, 2023 Meeting date: February 12, 2023 Subject: Amendment to Professional Services Agreement with STLR Corporation, dba Ryland School Business Consulting
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 8 to the Professional Services Agreement with STLR Corporation, dba Ryland School Business Consulting for a total contract amount of $477,710.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement/project is included in the Adopted Budget for FY 2023-24 in Account No. 100- 7001-5100 (City Council-Professional Services)
STRATEGIC PRIORITY: This item supports the School District Separation priority identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: In January of 2020, the City of Malibu entered into a professional services agreement with STLR Corporation, dba Ryland School Business Consulting.

The proposed amendment No. 8 seeks to increase the budget by $140,000, for a total contract amount of $477,710.

The consultant has played a pivotal role in guiding the City through the complexities of the SMMUSD separation process. The increase is deemed necessary to address the heightened demands placed on the consultants work as the City works to finalize the revenue sharing and operational budgets. While this adjustment will cover the remaining calendar year, we would like to acknowledge that the separation efforts may require further appropriation during the FY 24-25 budget planning process.

The agreement has undergone seven amendments which is reflective of the dynamic nature of the separation process and the need for flexibility in adjusting to unforeseen City Council Meeting
02-12-24
Item

3.B.9.

Agenda Item # 3.B.9.
challenges. This has been a collaborative effort to ensure that our community's interests are protected, and decisions are made with the best available information.

ATTACHMENTS:

1. Amendment No. 8 to Professional Services Agreement
AMENDMENT NO. 8 TO AGREEMENT
THIS AMENDMENT NO. 8 TO AGREEMENT is made and entered in the City of Malibu on February 12, 2024 by and between the CITY OF MALIBU, hereinafter referred to as City, and STLR Corporation, dba Ryland School Business Consulting, hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On January 16, 2020, the City entered into an Agreement with Consultant for consulting services for financial analysis and professional services related to school district separation and unification. (the “Agreement”).

B. On July 13, 2020, the City amended the Agreement to increase the scope of work, increase the budget and extend the term of the agreement.

C. On October 12, 2020, the Consultant presented its analysis to the City Council as part of an update from the School District Separation Ad Hoc Committee, The City Council directed staff to submit the petition for unification of a Malibu Unified School District to the Los Angeles County Office of Education.

D. On February 24, 2021, the City amended the Agreement to increase the scope increase the budget and extend the term of the agreement.

E. On March 13, 2021, the City amended the Agreement to amend the scope and increase the budget.

F. On July 12, 2021, the City amended the Agreement to amend the scope and increase the budget.

G. On October 11, 2021, the City amended the Agreement to amend the scope, extend the term and increase the budget.

H. On June 27, 2022, the City amended the Agreement to amend the scope, extend the term and increase the budget.

I. On June 14, 2023, the City amended the Agreement to amend the scope, extend the term and increase the budget.

J. The City desires to amend the Agreement to extend the term and increase the budget and 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 J attached hereto and shall replace Exhibit A, Exhibit C, Exhibit D, Exhibit E, Exhibit F, Exhibit G, Exhibit H, and Exhibit I.

2. Section 2.0 – Term of Agreement, of the Agreement is hereby extended to December 31, 2024.

3. Section 4.0 – Compensation for Services, of the Agreement, as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, Amendment No. 5, Amendment No. 6, and Amendment No. 7, is hereby amended as set forth in Exhibit J attached hereto.

Amendment No. 8 to Agreement
Ryland School Business Consulting

_____________________
255-2
The City shall pay the Consultant for its professional services rendered costs incurred pursuant to this Agreement an hourly rate of $215 for the financial analysis and professional services. The Consultant shall be compensated for travel time and expenses. Expenses are defined as actual, out of pocket expenses including but not limited to airfare, lodging, meals, telephone charges, express or overnight mail charges. All expenses and travel time must be pre-approved by the City. The cost of work described in Exhibit A to the Agreement shall not exceed $24,960, the cost of work described in Exhibit C to Amendment No. 1 shall not exceed $48,750, the cost of work described in Exhibit D to Amendment No. 2 shall not exceed $45,000, the cost of work described in Exhibit E shall not exceed $20,000, the cost of work described in Exhibit F shall not exceed $22,000, the cost of work described in Exhibit G shall not exceed $62,000, the cost of work described in Exhibit H shall not exceed $25,000, the cost of work in Exhibit I shall not exceed $90,000, and the cost of work described in Exhibit J shall not exceed $_140,000___. Therefore, the cost of work described in Exhibit J of this Agreement as amended by this Amendment No. 8 shall not exceed $447,710. The Consultant shall only bill the City for hours actually incurred.

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 not amended by this Amendment No. 1 remain in full force and effect.

This Agreement is executed on ______________________, at Malibu, California, and effective as of February 12, 2024.

CITY OF MALIBU:
____________________________________
STEVE UHRING, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: CONSULTANT:
_____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: Teresa R. Ryland Title: President
Amendment No. 8 to Agreement
Ryland School Business Consulting

_____________________
255-3

EXHIBIT J

SCOPE OF SERVICES
The Scope of Services described herein shall replace the following:
• Scope of Services in the original Professional Services Agreement (PSA) Exhibit A • Scope of Services in the Amendment No. 1 to the PSA (Exhibit C) • Scope of Services in the Amendment No. 2 to the PSA (Exhibit D) • Scope of Services in the Amendment No. 3 to the PSA (Exhibit E) • Scope of Services in the Amendment No. 4 to the PSA (Exhibit F) • Scope of Services in the Amendment No. 5 to the PSA (Exhibit G) • Scope of Services in the Amendment No. 6 to the PSA (Exhibit H) • Scope of Services in the Amendment No. 7 to the PSA (Exhibit I) The City of Malibu has been in negotiations with the Santa-Monica Unified School District (SMMUSD) regarding reunification (separation) to establishing an independent Malibu Unified School District. On October 12, 2020, the City Council received an update from the SMMUSD Ad Hoc Committee and directed staff to submit a petition for reunification (separation) to the Los Angeles County Office of Education. As part of the negotiation process, the City needs to analyze SMMUSD financials and define the terms regarding revenue sharing, operations and potential legislation related to the separation.

The Consultant possesses expertise in conducting financial analysis, creating budgets, and developing financial models. The Consultant continues to deliver proficient financial services and conducting third-party review for financial models and analysis generated by East Shore Consulting for SMMUSD, as well as those produced by Kirk-Carter and Associates for the City of Malibu.

The Consultant works at the direction of the Deputy City Attorney to provide professional financial review, analysis, and support services in support of the City of Malibu’s negotiations with SMMUSD, the City’s petition for establishing an independent Malibu Unified School District. The Consultant works closely with the City of Malibu School District Separation Ad Hoc Committee, City staff and other consultants.

The Consultant’s work shall include the following tasks as requested:
• Review records, documentation and reports including BBK and East Shore Consulting • Memos.
• Review financial models prepared by East Shore Consulting and Kirk-Carter and Associates.
• Prepare general financial analysis and reconciliation. • Document and/or refine procedures and results.
• Act on assignments that result from conversations with the City Attorney and City Staff. • Prepare and/or review short-term and long-term cash flow and revenue schedules. • Prepare reports as directed by City Attorney, in accordance with the Public Records Act and while maintaining appropriate privileges and exemptions.

Amendment No. 8 to Agreement
Ryland School Business Consulting

_____________________
255-4
• Prepare and present to Governing Boards and other entities. • Craft other financial and professional work assigned as needed. • Complete the research and analysis to update information regarding assets, debt, enrollment, and finances.
• Participate in negotiations between the City and the School District. • Write the reorganization report addressing all required criterion. • Present reports to the City Council.
• Attend and present at the City’s School District Separation Ad Hoc Committee meeting(s) as well as LACOE’s County Committee meeting(s).
• Prepare community outreach materials and perform community outreach activities; including but not limited to making presentations and answering questions at community meetings.
• Support the City’s mediation with SM-MUSD on the financial terms of separation; including but not limited to attending mediation meetings, preparing mediation related materials, and performing mediation-related analysis.
• Update the City’s feasibility analysis as directed in response to the mediation efforts. • Attend weekly calls with the City Attorney and consultant team. • Refer to foundational information provided in the report produced by the Malibu Unification Negotiations Committee and provide extensive and necessary updates in some areas.

PAYMENT SCHEDULE
The Consultant shall be paid an hourly rate of two hundred and fifteen dollars ($215.00) for the financial analysis and professional services. The Consultant shall be compensated for travel time and expenses. Expenses are defined as actual, out of pocket expenses including but not limited to airfare, lodging, meals, telephone charges, express or overnight mail charges. All expenses and travel time must be pre-approved by the City.

The cost of work done under previous scopes of service (i.e., Exhibit A, Exhibit C, Exhibit D, Exhibit E, Exhibit F, Exhibit G, Exhibit H, and Exhibit I) and the work approved by this Scope of Service (Exhibit J) shall not exceed $477,710.

Agenda Item # 3.B.10.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Patricia Salazar, Development and Operations Manager Reviewed by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: January 24, 2024 Meeting date: February 12, 2024 Subject: Amendment to Professional Services Agreement with California Coastal Works, LLC
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 3 to Agreement with California Coastal Works, LLC (“Consultant”) for planning contract services to extend the term of the agreement and increase the total compensation.

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

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

DISCUSSION: The Planning Department utilizes contract planners to augment staffing levels to aid in the processing of current planning development applications and longrange planning efforts. In August 2022, the City entered into an agreement in the amount of $24,999 with the Consultant on a short-term basis to assist the Planning Department with long-range planning projects. Subsequently, the City approved Amendment No. 1 to the Agreement to add a sub-consultant to assist in the processing of current planning applications. Later, as a result of a Request for Proposal (RFP) process for planning contract services, the City entered into Amendment No. 2 to increase the compensation to maintain the Consultant’s services.

The Consultant provides two highly qualified contract planners who have assisted the Planning Department with the following projects during the past year: Malibu Middle City Council Meeting
02-12-24
Item

3.B.10.

Agenda Item # 3.B.10.

School and High School Specific Plan project, the Proposed Temporary Use Permit Ordinance, the City’s Pesticide Ban Local Coastal Program (LCP) amendment, and over 70 current planning applications including the Sea View Hotel LCP amendment. At present, the Consultant has been assigned additional complex and large projects because of their ability to adhere to the City’s turnaround and response times, ability to prepare detailed and thorough analyses for agenda reports, and public speaking and presentation abilities.

Staff is requesting to augment the compensation for this agreement to maintain services until the agreement expires on December 6, 2024. Staff is recommending the compensation be increased by $210,000, bringing the total compensation to a not-toexceed amount of $650,000.

At this time, staff recommends the Council amend the agreement to maintain continuity of services and staff will continue to evaluate staffing levels to assess the need for planning contract consultants.

ATTACHMENTS: Amendment No. 3 to Agreement with California Coastal Works, LLC AMENDMENT NO. 3 TO AGREEMENT
THIS AMENDMENT NO. 3 TO AGREEMENT is made and entered in the City of Malibu on February 12, 2024, by and between the CITY OF MALIBU, hereinafter referred to as City, and California Coastal Works, LLC, hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On June 6, 2022, the City entered into an Agreement with Consultant for consulting services relating to planning contract services (the “Agreement”) in the amount of $24,999.

B. On November 2, 2022, the City Manager executed Amendment No. 1 to Agreement to amend the schedule of fees, specifically adding Casswell Consulting as a subcontractor.

C. On November 28, 2022, the City Council executed Amendment No. 2 to Agreement to amend the compensation, bringing the total to $440,000.

D. The City desires to amend the Agreement to extend the term of the agreement and to increase the compensation by $210,000, and 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 2.0 – Term of Agreement, is hereby extended to December 6, 2024, unless otherwise terminated or extended as provided in the Agreement.

2. Section 4.0 – Compensation for Services, of the Agreement, is hereby amended.

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work attached as Exhibit B. The cost of services shall not exceed $650,000. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his designee.

3. 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.

4. All terms and conditions of the Agreement not amended by Amendment Nos. 1 or 2 remain in full force and effect.

This Agreement is executed on ______________________, at Malibu, California, and effective as of February 12, 2024.

CITY OF MALIBU:
____________________________________
STEVE UHRING, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Amendment No. 3 to Agreement
California Coastal Works, LLC

_____________________
255-2
APPROVED AS TO FORM: CONSULTANT:
_____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: JOSEPH SMITH
Title: Principal

Agenda Item # 3.B.11.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Joseph D. Toney, Assistant City Manager
Reviewed by: Alexis Brown, Deputy City Manager
Approved by: Steve McClary, City Manager
Date prepared: January 26, 2024 Meeting date: February 12, 2024 Subject: Malibu Education Foundation General Fund Grant Memorandum of Understanding
RECOMMENDED ACTION: 1) Authorize the Mayor to execute the Memorandum of Understanding (MOU) between the City and the Malibu Education Foundation (MEF) for a General Fund Grant establishing a centralized fundraising entity upon approval of the MEF’s articles of incorporation by the Secretary of State; and 2) Appropriate one-time funding of $353,100 from the General Fund Undesignated Reserve to Account 100-7007- 5930-02 (City Council-Community Grants).

FISCAL IMPACT: Funding for these services was not included in the Adopted Budget for FY 2023-24. An appropriation of $353,100 is required from General Fund Undesignated Reserve. As of December 31, 2023, the General Fund Undesignated Reserve is projected at $67.9 million for the year ending June 30, 2024.

STRATEGIC PRIORITY: This item was not included in the Adopted FY 2023-24 Strategic Priority Project List. At the Council’s direction, this project can be brought back at a future Strategic Planning meeting for prioritization.

DISCUSSION: The City of Malibu was approached by members of the Parent Teacher Student Association (PTSA) Malibu and Malibu School Leadership Council (MSLC) to discuss opportunities to enhance Malibu’s education system through two initiatives:
creation of a Centralized Funding Entity and Implementation of Athletic Pathways.

The Malibu High School PTSA supports both Malibu High School and Malibu Middle School. It is a unit of the California State PTA and National PTA organizations and shares City Council Meeting
02-12-24
Item

3.B.11.

Agenda Item # 3.B.11.
the common mission to positively impact the lives of all children and families. The PTSA provides financial and parent support for supplemental classroom supplies, field trips, college and career services, SAT/ACT test prep, science and technology programs, bilingual support, Mindfulness Support, CPR certification, the library, the copy center, the website, the directory, emergency supplies, parent education, family and multicultural events, staff appreciation, student counseling programs, student honors and graduation ceremonies, senior scholarships and legislative support. The MSLC was formed in 2014 by parent leaders and local heads of student organizations to promote Malibu’s interests in the broader educational community. Members of the Council include representatives from the PTA/PTSA of Malibu Schools, Malibu Boys & Girls Club, Malibu Shark Fund and Advocates for Malibu Public Schools (AMPS).

In an effort to establish parity between Malibu Public schools and those in surrounding areas, the MSLC approached Santa Monica Malibu Unified School District (SMMUSD) Board of Education and Malibu City Council over the summer of 2023 with a proposal for the launch of a centralized fundraising entity in Malibu, requesting financial support from both. The MSLC is comprised of parent and administrative leadership across Malibu Schools and represents the voice of the parent, student, and school community, covering approximately 50% of the Malibu population. The goal is to establish and maintain parity across academics, arts, and athletics, for Malibu Public Schools by providing the necessary financial support through a professionally run centralized fundraising entity.

Current fundraising efforts are entirely driven by volunteer parents, focused on the needs of each school site for the current year. This approach is not sustainable, as the cost to establish parity continues to rise and volunteer parents are not equipped to meet those fundraising needs. As an example, Santa Monica has the Education Foundation, which supports arts, school aides and is funding the launch of an athletics pathway with competitive sports in Santa Monica Middle School.

The MSLC proposed an approach to establish a centralized fundraising entity to support current school needs and fund their staff within three years, by July 2026. It is anticipated that the financial support required from Malibu City will decrease over the next 2 phases as the entity begins to raise funds, with the City approving funding for each phase based on success benchmarks met in the previous phase. SMMUSD has committed $200k this school year in support of this proposal, with an extension of the same amount for the following school year to be reviewed for approval each January.

On October 9, 2023, the City Council directed that the request for funding this initiative be brought before the Administrative & Finance Subcommittee (A&F) for review and recommendation.

Administration and Finance Subcommittee Recommendation:

On November 6, 2023, A&F reviewed the request in detail. A&F recommended the Council

Agenda Item # 3.B.11.
approve $353,100, to fund phase 1 with requirements for monthly updates and quarterly reports against set success benchmarks. The $353,100, is broken down as follows:
• $175,000 in Funding for staff (2023-24 School Year): 9 Instructional Aides and 2 arts teachers across the elementary schools. SMMUSD is providing $200,000 (June 2024). Funding enables parents across the schools to volunteer to support the launch of the entity.
• $22,000 Funding for a Fundraising Consultant: Six-month contract with a consultant to assess the opportunity, develop a roadmap strategy, fundraising benchmarks and help with the job description and search for the Executive Director, to be hired in Phase 2 (July 2024).
• $156,100 Funding for an Athletics Pathway: Hire an athletics coordinator (1 year contract) and launch Middle School athletics program in Spring 2024 (June 2024).

City Council Direction:

On January 8, 2024, the City Council directed staff to return with an MOU for review and consideration of entering into an agreement with the MEF for a one-time grant of $353,100, to pursue the fundraising and goals of the entity. The MEF is in the process of seeking 501(c)3 status from the Internal Revenue Service, a process that can take up to six months. The MEF has filed their articles of incorporation with the Secretary of State to be an established California corporation.
1 The proposed MOU provides for regular quarterly
reporting on programming and financials 30 days at the end of each quarter, with the first period commencing January 1, 2024, to March 31, 2024.

ATTACHMENTS:

1. MOU

2. Malibu Schools Centralized Fundraising Entity Presentation 1 The Council may require the MOU to not become effective until 501(c)3 status is achieved which would provide additional protection to the City, but such a condition is not included in the draft MOU in order to avoid delay. 65273.00001\42002657.1

AGREEMENT
This Agreement ( Agreement”) is entered into by and between the City of Malibu, hereinafter City”, and the Malibu Education Foundation, incorporated in the state of California, hereinafter, Grant Recipient”, on this 12th day of February 2024, in Malibu, California.

Recitals
A. The City of Malibu General Fund Grant Program provides funding for nonprofit organizations located within Malibu that provide services of benefit to the residents of the community.

B. The City of Malibu wishes to support education of its children, promote academic achievement of those in the community, and improve availability and quality of education within the community.

C. Grant Recipient s mission is to engage the broader community to invest in Malibu public school education to create a well-rounded, mindful experience around academics, arts, and athletics for the City s students beyond what is possible with public funding to ensure parity with surrounding districts.

D. The City has determined that providing grant funding to Grant Recipient will serve a significant public benefit by improving the quality of education within the City and is necessary in order to improve educational outcomes for City residents.

E. On January 8, 2024, the City Council directed City staff to increase the General Fund Grant program to $553,100, for FY 2023-24, and make a one-time appropriation of $353,100 to the Malibu Education Foundation.

Agreement
City and Grant Recipient agree as follows:

1. PROGRAM

1.1. Program: The City provides the Grant to Grant Recipient as part of a program to promote, develop, and provide for public education within the City. The Grant Recipient will enhance Malibu s education system through two initiatives: creation of a Centralized Funding Entity and Implementation of Athletic Pathways.

Grant Recipient will use the Grant Funds in furtherance of the Program, as provided in this Agreement.

ATTACHMENT 1
65273.00001\42002657.1

2. GRANT AND DISBURSEMENTS

2.1. GRANT

2.1.1. Amount of Grant Funds : The City agrees to provide the Grant Recipient with a grant not to exceed three hundred fifty three thousand, one hundred dollars($353,100.00) ("Grant" or "Grant Funds") in accordance with the Purposes of the Grant, as described in Section 2.1.2.

2.1.2. Purposes and Use of Funds. The Grant Recipient shall only use the Grant Funds, as budgeted, for the following purposes (the Purposes”):

2.1.2.1.$22,000 for Fundraising Purposes:

2.1.2.1.1.Creation of a fundraising entity

2.1.2.1.2.Establishment of a fundraising strategy (March 2024)

2.1.2.1.3.Align fundraising entities (March 2024)

2.1.2.1.4.Establish launch plans for the entity and publish the plans to the community (March 2024)

2.1.2.1.5.Five-month contract with a consultant to assess fundraising potential (February 2024)

2.1.2.1.6. Search for an Executive Vice President to be hired in Phase 2 (July 2024) and creation of Job Description (May 2024)

2.1.2.2.$156,000 for Athletic Program Purposes:

2.1.2.2.1.Hire an athletics coordinator (1 year contract)

2.1.2.2.2.Launch middle school athletics program in Spring 2024 (February 2024)

2.1.2.2.3.Creation of three competitive Spring sports teams (May 2024)

2.1.2.2.4.Establish alignment plan with Malibu City recreation and community athletic organizations (June 2024)

2.1.2.3.$175,000 for Instructional Aides & Arts Purposes:

2.1.2.3.1.Retain 9 instructional aides and 2 art teachers across 2 elementary schools (June 2024)

2.1.2.3.2.Provide dedicated art classes to all students across 2 elementary schools (June 2024)

2.1.2.3.3.Ensure grade-level proficiency through additional academic support provided by the 9 instructional aides (June 2024)

2.1.2.3.4.Identify three volunteer parents per school to shift their fundraising support to the Malibu Education Foundation (May 2024)

2.1.2.4.Other Authorized Purposes: Additional purposes relating to supporting public school education in the City may be authorized or ratified through a written amendment approved under the City Manager s authority.

2.1.3. Term of Grant: This Agreement will commence on the date of the last signature of this Agreement and expire on June 30, 2025, unless otherwise terminated sooner or extended in accordance with this Agreement (the "Grant Term").

2.1.4. Certain Terms and Conditions of Grant: The Grant Recipient agrees to the following terms and conditions:

2.1.4.1. To use the Grant Funds solely to support the Program activities as prescribed in this Agreement.

2.1.4.2. To not use Grant Funds to fund existing obligations, debts, or liabilities, except as necessary to implement the purposes identified in Section 2.1.2. 65273.00001\42002657.1

2.1.4.3. To not use the Grant Funds to fund any program or business that discriminates on the basis of race, sex, education, ethnicity, socio-economic status, religion, disability, sexual orientation, gender self-identification, age, country of origin, language, marital status, citizenship, or immigration status.

2.1.4.4. The City has the sole discretion to distribute any Grant Funds in any manner in which it chooses, in accordance with the Agreement.

2.1.4.5. The City retains the right to withhold any and all funds and is not obligated to distribute any funds to the Grant Recipient.

2.1.4.6. Grant Recipient shall remit any Grant Funds used for expenditures not authorized by Section 1.1.2.

2.1.4.7. To submit detailed reports as set forth in Section 3.

2.1.4.8. Grant Recipient may, on May 1, 2024, or later, request additional funds, which may be granted by the City as part of an amendment to this Agreement. However, Grant Recipient shall not receive any additional funds unless the request is approved by City Council.

2.1.4.9. Grant Recipient will receive non-profit 501(c)3 status during the term of this agreement.

2.1.5. Representations and Warranties. The Grant Recipient hereby represents, warrants and covenants to the City as follows:

2.1.5.1. The Grant Recipient s mission is to enhance Malibu s education system.

2.1.5.2. The Grant Recipient will not seek reimbursement for any costs of expenses that do not qualify with the terms and conditions of the Agreement.

2.1.5.3. The Program is intended to provide a public benefit to the City.

2.1.5.4. The Grant Recipient will, in good faith, seek 501(c)3 status and all legal approvals necessary to operate as such. Grant Recipient will inform City if Grant Recipient’s 501(c)(3) status is denied and the basis for denial upon receipt of the determination by the Internal Revenue Service.

2.1.5.5. The Grant Recipient s governing board is not controlled by any other nonprofit, business, entity, or government.

2.1.5.6. All information and documentation provided to the City, in its application, request, or proposal for this Grant, was accurate and complete at the time it was provided, and that the Grant Recipient will immediately notify the City in writing in the event that any of same is no longer accurate or complete.
65273.00001\42002657.1

2.2. DISBURSEMENT

2.2.1. Disbursement and Reconciliation:

Disbursement will be made via check written payable to Grant Recipient, Malibu Education Foundation, on the following basis:

First Disbursement of $200,000: Upon signature of all parties.

Second Disbursement of $153,100: May 1, 2024, provided applicant is in full compliance with this Agreement (including all reporting requirements). The City Manager may provide this disbursement at an earlier date if all funds provided in the First Disbursement have been exhausted in accordance with this Agreement, and the Applicant requests earlier disbursement in writing.

3. REPORTING AND MONITORING REQUIREMENTS
It is the responsibility of the Grant Recipient to keep the City informed as to all Program activities for which Grant Funds are expended by providing reports on a timely basis. The Grant Recipient must submit detailed Program and Financial Reports in accordance with requirements herein in a form acceptable to the City. Receipt of reports are required before subsequent Grant Funds will be released. Failure to provide complete and timely reports will be considered a material breach of this Agreement. In addition, the Grant Recipient shall be available for calls with the City, on a quarterly or more frequent basis as desired by the City, to report on Program activities to date.

3.1. Program Reports: Program Reports describe the progress that has been made on the Program.

3.1.1. QUARTERLY Program Report: This report must contain progress and findings on the Program and its implementation during the quarter period for which the report was issued and indicate activities to be undertaken in the next three-month period. The Program Reports shall contain a narrative describing (a) objectives supported by the Grant, (b) activities carried out to meet each objective, (c) results accomplished, (d) any challenges encountered and how they were resolved or plans for resolving, and (e) main activities planned for the next three-month period. The quarterly periods will be based on calendar year, with the first three-month period commencing January 1, 2024, and concluding March 31, 2024, and each subsequent quarterly (three-month) period. The report shall be due 30 days after the end of each quarter.

3.1.2. Final Program Report: This report shall contain Program activities undertaken and an evaluation of their effectiveness in attaining the objectives of the Program. The report must describe and evaluate the results of the Program activities funded by the Grant. This report must include enough detail to acquaint the reader with the Program without requiring this Agreement be reread.

3.2. Financial Reports: The Financial Reports detail the Grant Funds and the total value of reimbursable services provided by the Grant Recipient.

3.2.1. Quarterly Financial Report: The Grant Recipient will prepare and submit Quarterly Financial Reports, reporting the administration costs and the total value of reimbursable services provided by the Grant Recipient during that three month period. This report shall contain a fiscal accounting of potential grant expenditures within that three month period.

3.2.2. Final Financial Report: The Grant Recipient will submit the Final Financial Report in accordance with Section 3.3. The Final Financial Report shall include administration costs and a fiscal accounting of total Grant expenditures.
65273.00001\42002657.1

3.3. REPORTS SUBMISSION SCHEDULE

3.3.1. Quarterly Progress Reports: The first Quarterly report shall be submitted by the Grant Recipient at the conclusion of the first quarter. Quarterly reports shall be submitted on a quarterly basis (i.e. every ninety days) thereafter until the conclusion of the Grant Term.

3.3.2. Final Reports: The final unaudited Financial and Project Reports shall be submitted by the Grant Recipient no later than thirty (30) days after whichever of the following first occurs: (i) termination of Program activities; (ii) expiration of the Grant Term; or (iii) termination of this Agreement.

3.3.3. Delivery: All reports provided to the City under this Agreement shall be in writing, duly signed by the Grant Recipient, and shall be delivered (i) electronically (as a scanned digital document) to STEVE MCCLARY at [email protected] and JOSEPH TONEY at [email protected]; or (ii) by registered mail, certified mail, or nationally-recognized overnight delivery service, to the following address: 23825 Stuart Ranch Road, Malibu, CA 90265, Attn: City Clerk.

4. GRANT ACCOUNTING RECORDS

4.1. Recordkeeping: The Grant Recipient must maintain accurate, complete and detailed accounts, records, and other evidence pertaining to services provided under this Grant so that the value of services can be clearly calculated and audited as necessary.

4.2. Documentation: All activity funded by this Grant must be supported by an original invoice, receipt, and other supporting documentation in accordance with the Grant Recipient's policies and procedures, all of which may be reviewed and audited by the City per Section 5 below.

4.3. Record Retention: All financial and Program records must be kept on file and accessible for a minimum of three (3) years after the later of: (i) the date of submission of the Final Financial Report; (ii) the termination of the Agreement; (iii) the expiration of the Grant Term; or (iv) such other period of time as required by law, rule or regulation.

5. AUDIT REQUIREMENTS

5.1. City Audit: During the Grant Term and for one (1) year thereafter, the City may, at its own expense, review and audit the records of the Grant Recipient as they relate to the Program. The Grant Recipient will provide the City and its agents access to all financial and programmatic files, accounts, records, contracts and other documents related to this Agreement upon thirty (30) days prior notice during the Grant Term and for three (3) years after expiration or termination of the Grant Term.

5.2. Corrective Action: If there are any audit findings related to the Program, the Grant Recipient must ensure that appropriate corrective action is taken within fifteen (15) days of receipt of such information by the Grant Recipient and must identify to the City in writing the contact person responsible for the corrective actions and the anticipated completion date.

5.3. Recovery: During the Grant Term and for a period of one (1) year thereafter, if it has been identified that the Program was operated in a manner inconsistent with the requirements of this Agreement, or noncompliant with any legal and or regulatory requirements, the City may require immediate repayment of any Grant Funds.

5.4. Unauthorized Use of Funds: The Grant Recipient will not undertake any actions or incur any expenses or make any commitments which would be inconsistent with the purpose of the Program and this Agreement. 65273.00001\42002657.1
The Grant Recipient will reimburse the City for all Grant Recipient expenditures determined by the City to be unauthorized within thirty (30) days after notice from the City.

6. FINANCIAL, ADMINISTRATIVE AND COMPLIANCE RESPONSIBILITIES

6.1. Sub-grants, Assignment, and Subcontracts: The Grant Recipient may not assign or make subgrants of the Grant, or subcontract the services funded by the Grant, without the express prior written approval of the City. Notwithstanding the foregoing, the Grant Recipient may assign, make subgrants, or subcontracts with Santa Monica-Malibu Unified School District, the Malibu Elementary School Parent Teacher Association, or the Webster Elementary School Parent Teacher Association for the Purposes identified in 2.1.2.3. The Grant Recipient assumes full responsibility and liability for all acts and omissions of all entities which are its assignees, subcontractors, and Sub-grantees.

6.2. Compliance: The Grant Recipient agrees to conduct all Program activities funded by this Agreement in full compliance with all applicable federal, state and local laws, rules, regulations, resolutions, orders, judgments, decrees and ordinances (collectively, "Regulations") including but not limited to the following:

6.2.1. The Grant Recipient will assure that all recipients receive services without regard to race, sex, education, ethnicity, socio-economic status, religion, disability, sexual orientation, gender selfidentification, age, country of origin, language, marital status, citizenship, or immigration status.

6.2.2. The Grant Recipient is and will be in compliance with, and will cause its sub-contractors, affiliates and agents to comply with, United States economic sanctions, import/export Regulations, antibribery Regulations, anti-terrorism Regulations and anti-money laundering Regulations, including but not limited to the USA PATRIOT Act, the Regulations administered by the U.S. Treasury Department's Office of Foreign Assets Control and Executive Order 13224.

7. PUBLICITY AND ACKNOWLEDGMENT OF SUPPORT
The City has the right to share any and all information and/or materials received from the Grant Recipient related to this Program with public and the media. Any publicity regarding this Grant must be approved in advance in writing by the City and include an acknowledgement that the Program was supported by the City of Malibu. The Grant Recipient must preapprove in writing any public announcements and releases about the Grant or use of Grant Funds. This Agreement does not imply City endorsement of the Grant Recipient's services or activities.

8. AMENDMENTS
The Grant Recipient must provide the City with timely written notice of any material change in the purpose, character, method of operation, or governance for the Program. This Agreement, including its referenced attachments, may be modified or amended only by a written instrument executed by the Grant Recipient and the City.

9. TERMINATION
Either Party may terminate this Agreement upon fifteen (15) days prior written notice. No further reimbursement will be considered or made after the effective date of termination. If the Grant Recipient breaches the Agreement by failing to comply with its terms, the City reserves the right to immediately terminate the Agreement and to receive repayment of any disallowed costs. The City retains the right to recoup all disallowed costs from the Grant Recipient after termination.
65273.00001\42002657.1

10. NOTICES

Notices shall be delivered, telecopied, mailed by registered or certified air mail or sent by a nationally recognized overnight delivery service, as follows:

If to the City: City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
Attn: City Manager
If to the Grant Recipient: Malibu Education Foundation
30215 Morning View Drive
Malibu, CA 90265
Attn: President
All notices shall be deemed to be properly given or made upon the earliest to occur of (i) actual delivery, (ii) in the event of notice by telecopy, confirmation by telecopy answer back (followed promptly by the mailing of the original of such notice), (iii) five (5) business days after being deposited in the mail or (iv) the next business day after being sent by overnight delivery service.

11. GOVERNING LAW; ARBITRATION
The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement by negotiation. If the Parties are unable to resolve the dispute by negotiation, they may endeavor to resolve the dispute by litigation.

The Agreement will be governed and construed in accordance with the laws of the State of California. Any action arising out of this Agreement must be commenced in the state courts of the State of California, County of Los Angeles, and each Party hereby consents to the jurisdiction of the above court in any such action.

12. INDEMNIFICATION AND LIMITATION OF LIABILITY

12.1. The Grant Recipient shall indemnify, defend (with counsel selected by the City) and hold harmless the City, its elected and unelected officials, officers, agents, directors, representatives, employees, and volunteers in respect of any and all claims, demands, injuries, and causes of action, including without limitation, settlement costs and any legal or other expenses for investigating or defending any actions or threatened actions arising from or in connection with the Grant or Program activities performed hereunder including but not limited to, breach of any obligation of the Grant Recipient under the Grant; any failure of the Grant Recipient to comply with applicable federal, state and local laws, regulations and ordinances; and any other cause of action or claim arising out of the services provided or activities and programs conducted by Grant Recipient. This indemnification clause will survive expiration of the Grant Term and termination of this Agreement.

12.2. In no event shall the city be liable in damages for termination of this agreement pursuant to section 9, or for any lost profits, consequential, exemplary, incidental, punitive or any other damages, including without limitation for personal injury, death, costs of delay, any failure of delivery, costs of lost or damaged property or liabilities to third parties arising from any source with respect to the activities of the grant recipient regardless of whether the city has been advised of the possibility of such damages.

This limitation of liability will survive expiration of the grant term and terminations of this agreement. 65273.00001\42002657.1

13. MISCELLANEOUS

13.1. No Waiver. Failure of the City to enforce, or the delay by the City in enforcing, any of the terms and conditions of this Agreement shall not be deemed a continuing waiver or a modification to this Agreement.

13.2. Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by any court, it is the intent of the Parties that all other provisions of this Agreement be interpreted to remain valid, enforceable, and binding.

13.3. Independent Contracting Parties. Nothing in this Agreement will create, or will be construed to create, any association, partnership, joint venture, employer-employee, or principal and agent relationship as between the Parties or as between the Parties.

13.4. Complete Agreement. This Agreement, including all Exhibits referenced herein, which are an integral part hereof, contains the entire agreement and understanding between the Parties relative to the subject matter herein, and supersedes all previous oral and written negotiations, proposals, agreements and understandings relative to such subject matter. In the event of any conflict between the provisions in the main body of this Agreement and those in any of its Exhibits, the provisions in the main body of this Agreement will govern.

13.5. Headings. The headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

13.6. Remedies. No provision of this Agreement is intended to limit the rights or remedies of the City, under any other provisions of this Agreement or relevant law. 65273.00001\42002657.1
This Agreement shall be interpreted under the laws of the State of California. The Parties agree that this Agreement 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.

City of Malibu Grant Recipient
____________________________ __________________________ STEVE MCCLARY, City Manager By: KARIN AL-HARDAN, President ATTEST:
___________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________
TREVOR RUSIN, Interim City Attorney
65273.00001\42002657.1
Exhibit A
Insurance Requirements
General Liability Insurance. Grant Recipient shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $3,000,000 per occurrence, $5,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Athletic participant’s medical expense. Sports associations with athletic participants shall provide evidence of athletic participant's medical expense coverage to respond to athletic participant's injuries.

This coverage may be part of commercial general liability coverage.

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

Workers’ Compensation Insurance. Grant Recipient shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).

Grant Recipient shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

Sexual Abuse/Molestation Insurance. Grant Recipient shall procure and maintain sexual abuse and molestation liability coverage in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate. This coverage may be part of commercial general liability coverage, professional liability coverage, or a separate policy

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

Duration of Coverage. Grant Recipient shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Grant Recipient, their agents, representatives, employees, or subconsultants.

Primary/Noncontributing. Coverage provided by Grant Recipient shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that 65273.00001\42002657.1
such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.

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

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

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

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

Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Grant Recipient maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Grant Recipient. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of Cancellation. Grant Recipient agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Grant Recipient’s insurers are unwilling to provide such notice, then Grant Recipient shall have the responsibility of notifying the City immediately in the event of Grant Recipient’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

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

Prohibition Of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 65273.00001\42002657.1
Separation of Insureds. A severability of interests’ provision must apply for all additional insureds ensuring that Grant Recipient’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

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

This provision is intended solely to provide Grant Recipient with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Grant Recipient under this Agreement given the limited scope of work or services provided by the subcontractor. Grant Recipient agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.

City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Grant Recipient ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Grant Recipient, the City and Grant Recipient may renegotiate the Grant Recipient’s compensation.

Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City.

City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

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

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

MALIBU PUBLIC

SCHOOLS

CENTRALIZED

FUNDRAISING
ENTITY
Malibu Schools Leadership Council (MSLC)
January 8th, 2024
ATTACHMENT 1

MALIBU SCHOOL LEADERSHIP COUNCIL (MSLC)
This proposal was brought to the city by the MSLC: A group of parent leaders and administration representing the voice of Malibu Public Schools.

The MSLC meets monthly and is comprised of a group of volunteer parent leaders, administration and professionals invested in supporting Malibu Public Schools.

MSLC Members Include: Principals, current PTA Presidents, District Pathway Executive Director, Malibu-based School Board Member, School Site Council Presidents, Shark Fund, ABC, Arts Angels, Preschool, BGCM, ELAC, Special Ed, FDAC, FOC, AMPS, Mentors, City of Malibu, Volunteers and more.

Advisory Board/Launch Team:
➤ Melanie Heseker, MSLC President
➤ Stacy Rouse, SMMUSD School Board Member
➤ Kasey Earnest, BGCM CEO
➤ Craig Foster, MSLC Member
➤ Karin Al-Hardan, Shark Fund Chair
➤ Kevin Keegan, MHS / MMS PTSA President
➤ Josh Donfeld, MES PTA President
➤ Sion Roy, Webster PTA President

THE PROPOSAL TO INVEST NOW IN THE FUTURE OF MALIBU SCHOOLS ➤ MSLC is requesting that Malibu City (and SMMUSD) provide seed funding to establish a professional centralized fundraising entity to enable Malibu Schools to offer the same educational and extracurricular opportunities as public schools in surrounding cities - specific to academic staffing, arts and athletics. ➤ GOAL: Establish parity, with Santa Monica and similar cities, for Malibu Public Schools with the necessary financial support of a professionally run centralized fundraising entity. ➤ WHY?: 61% of School districts in California have an education Foundation, and our district has Santa Monica Education Foundation supporting Santa Monica Schools. The Malibu entity will help to fund:
➤ Ample instructional aides staffing at the elementary school level ➤ Vibrant arts education and athletics opportunity at every grade level ➤ Incremental staffing at the middle and high school level for tutors and community service liaisons ➤ WHY NOW?:
➤ Malibu Schools will need financial support through the transition phase to an independent school to ensure current staff and staffed programs are maintained.

CURRENT CHALLENGES, THE IMPACT AND THE SOLUTION
➤ Volunteer parent groups across Malibu schools raise an estimated $1M total each year to support staff and supplies at their schools, above and beyond what the district provides to stay (almost) on par with surrounding schools to fund:
➤ Elementary School Instructional Aides (9) & Art Teachers (2): $375,000 ➤ Elementary School PTA supplies and programs: $180,000 ➤ Secondary School Math Tutors and Community Service Liaison: $22,000 ➤ Secondary School Shark Fund, PTSA, Arts and Athletics Funding: $415,200

LACK OF LEADERSHIP CONTINUITY
Annual Funding Uncertainty

INEFFICIENT & UNSUSTAINABLE
Individual Parent Volunteer Orgs

LIMITS PROGRAM EXPANSION
Academic, Arts & Athletics Enhancement
The establishment of a Malibu Centralized Fundraising Entity will offer steadfast guidance towards achieving enduring fundraising objectives, empowering every public school within our city to strategically plan and further enrich the overall student experience.

ADMINISTRATION & FINANCE SUBCOMMITTEE RECOMMENDATION
➤ Initial short-term funding of $353,100 through July to launch a three pillar solution, with success benchmarks to be met for continued funding and a clear “off-ramp”:

INSTRUCTIONAL AIDES + ART
FUND THE GAP for the
elementary school staff cost
for the 23-24 School Year,
enabling parents to support
the Fundraising Entity Launch.
($175k)
SMMUSD is committing
$200,000 of the $375 needed for
the current school year. This
commitment will be revisited
annually in January and
approved based on progress
towards goal.

ATHLETICS PATHWAY
LAUNCH THE PROGRAM for
Spring 24 with an athletics
coordinator and program costs
to begin to assess viability and
gain community support,
($156,100)
SMEF currently funds this
successful program for Santa
Monica, with matching funds
from the district until SMEF can
fund fully. Malibu’s Fundraising
Entity would fund the athletics
pathway once established.

FUNDRAISING ENTITY
HIRE CONSULTANT (6 months)
to recommend the best entity
structure to support all schools
with clear success
benchmarks and a plan for
launch. ($22k)
Santa Monica Ed Foundation
(SMEF) launched their
professional entity with $20,000
in funding from Santa Monica
City for a consult in 2010. The
City later donated $250k to an
endowment.

FINANCIAL BREAKDOWN: PHASE 1 DISBURSEMENT & SUCCESS BENCHMARKS ➤ “You can not manage what
you can not measure.”
➤ The recommendation is to
fund pillars by phase, assess
success then determine
continued funding level to
approve.
➤ A designated spokesperson
will submit monthly budget
reports and lead quarterly
success benchmark meetings
with the city.

Shark Fund is a 501c3, Tax ID 55-0824407
FINANCIAL BREAKDOWN: PHASE 1 CASH BALANCE PROJECTIONS
➤ The Mission is to engage the community to invest in Malibu Schools and create an educational experience for our children beyond what is possible with public funding.

FUNDRAISING
CURRENT: Annual donations from
parents and local businesses.

FUTURE: Distribute $2M in annual
funding across academics, arts and
athletics through a diverse funding
base relying on multiple sources
beyond parents.
➤ Endowments with an investment
target of $16M.
➤ Grants
➤ Campus/building naming
Opportunities.
➤ Annual Events
➤ Major Gifts Fundraising and
Planned Giving Strategies
CENTRALIZED FUNDRAISING ENTITY: FUTURE STATE (VS. CURRENT STATE)

OPERATING COSTS
CURRENT: Inefficiency and lack of
consistency in operations.

FUTURE: Overhead will represent
15% or less of the annual budget.
➤ Staff*: In addition to an Executive
Director, a CFO and Fundraising
Team to be hired as funded.
➤ Office Space*: District or City
➤ Insurance & Benefits: Athletics to
be managed through district,
entity to be self-funded.
➤ Fundraising Costs
*TBD Based on consultant/executive
director guidance.

OVERSIGHT & LEADERSHIP
CURRENT: Inconsistent with annual
turnover and 1-year planning.

FUTURE: Board of Directors
comprised of community leaders
will provide consistent oversight of a
professional fundraising operation.
➤ BOD to be built from Advisory
Board/Launch Team +
➤ Business Leaders
➤ Parent Leaders
➤ Community Leaders
➤ Paid, professional Fundraising
Team led by an executive
director.

CENTRALIZED FUNDRAISING ENTITY: EFFORTS UNDERWAY
Progress is underway with an endowment effort and an Advisory Board in place.

Shark Fund’s Dick & Arlene Van
Dyke Malibu High School
Theater and Endowment for the
Visual & Performing Arts and
Malibu High School Theater.
➤ Approved by SMMUSD Board of
Education on 12/14/23
➤ Shark Fund has an endowment initiative
around arts, athletics and education in
place to expand on these efforts.
➤ Endowments will transfer to the Malibu
Education Foundation once established.

PROJECTION: 3 YEAR PATH TO SELF-FUNDING

RISK ASSESSMENT AND MITIGATION
➤ Advance planning for known risks, open communication and a phased approach to funding with clear benchmarks for success are expected mitigate the majority of risk.

TRANSPORTATION
There is a shortage of drivers
for buses and vans.
➤ SMMUSD will organize
conversations early to
identify and secure
transportation for Spring
athletics.

INCREASED COSTS
The cost estimates, based on
initial research, may vary.
➤ Monthly budget reporting
and frequent communication
will minimize any budget
surprises.

HIRING
Hiring staff for Malibu Schools
is a known challenge.
➤ Consultants: Interim leads
for both fundraising and
athletics can be identified
within the community to
ensure momentum.
➤ Coaches: Recruited from
existing staff, then
externally.

FACTORS TO SUPPORT FUNDING
➤ A 3-Year plan enables the creation of a professional Fundraising Entity for long-term self-sustainability, while delivering immediate impact to gain community support.

COMMUNITY ENGAGEMENT

AND SUPPORT
By funding both the launch of
the Fundraising Entity and core
people and programs in the
short-term, the benefits
become tangible
➤ Volunteer parent bandwidth to
support the entity
➤ Immediate Impact increases
community support
➤ 21% of Malibu’s population is
under 19, meaning families
represent 50%+ of Malibu.
➤

ENABLE PLANNING FOR THE

LONG-TERM
Standing up this entity now
ensures Malibu Schools have
long-term funding partner to
support academic and
extracurricular planning.
➤ 61% of the 977 school districts
in California, and 50% of the 13k
school districts nationwide,
have an ed foundation.
➤ Professionally run foundations
excel in both fundraising
performance, continuity and
impact.

EDUCATIONAL, ARTS AND

ATHLETICS ADVANTAGES
ALL Malibu students will
benefit academically,
physically and mentally from
adequate staffing, and arts and
athletics pathways.
➤ Improved academic
performance
➤ Self-Esteem
➤ Social Skills
➤ Accessibility for all students

COMMUNITY SUPPORT TO ENSURE SUCCESS IN MALIBU EDUCATION ➤ Support from families, representing roughly 50% of Malibu’s population, is critical to the Entity launch. Expanded community support will ensure ongoing success.

COMMUNITY CONNECTIONS
The entity will work with MSLC
to further integrate the
community and the schools:
➤ Library: MMS + MHS (Malibu
Reads Partnership)
➤ Chamber of Commerce:

Partnerships and Promotions
➤ Senior community: Performance
& Volunteer Invitations
➤ Realtors: Up-To-Date School
Information performance,
➤ Events: Christmas Tree Lot,
Plays, Performances, etc.

FAMILY SUPPORT IS PRESENT
Lifting the fundraising burden
from parent volunteers in the
short-term will provide:
➤ Momentum through dedicated
support from each school to
support the launch of the entity.
➤ Alignment through
communication and a common
goal
“Supporting the launch of a centralized fundraising entity for our schools is the most important thing Malibu City Council can do for Malibu Families. Fundraising is the
biggest pain point for volunteer parents across Malibu and is unsustainable as it currently exists.”
Sion Roy, Webster PTA President
Josh Donfeld, MES PTA President
Kevin Keegan, MMS/MHS PTSA President
Karin Al-Hardan, Shark Fund Chair

SUPPORTING EDUCATION IN MALIBU
RECOMMENDED ACTION: Approve Phase 1 funding to establish a centralized fundraising entity for Malibu Public Schools, with Phase 2 funding potential approval planned for June 2024.

APPENDIX

CITY GRANTS CURRENTLY PROVIDED
2023-2024 School Year
➤ MES: $20,000 (General Grant)
➤ Webster: $20,000 (General Grant)
➤ Malibu High School: $30,000 (Malibu City Library Tax Fund) ➤ Copier Maintenance, library databases, and various software licenses Once fully establish, the Centralized Fundraising entity would support the needs currently covered by the General Grants, and possible - at some point - the Library Tax Fund grant.

CURRENT STATE: ONE DISTRICT, DIFFERENT FUNDRAISING APPROACHES/IMPACT MALIBU: 2021-22 SANTA MONICA: 2021-22
➤ Santa Monica Residents: 93,000
➤ 13 schools, ~ 8,000 students (77%)
➤ SMEF Supported Staff Programs: $2M
➤ SMEF Facts:
➤ Transitioned to a professional entity in 2001 with $18,000 grant from city of Santa Monica (for consultant), followed by a $250,000 endowment donation.
➤ Currently: Staff of 7, $500k in operating costs (15% of budget) ➤ 80% of funding is from school families.
➤ ~$7.6M Endowment Program
FUNDS: Art Classes for all Students, Science programs, garden programs, Spanish music classes, 5th grade theater and dance, additional campus monitors, additional library books, additional staff (science teacher, music, culmination directors, art teacher, etc.), staff training, additional classes programs (hip hop, DJ Class, app development, transition, mindfulness). ➤ Malibu Residents: 10,000
➤ 4 schools, ~1,200 students (13%)
➤ PTA Supported Staff / Staffed Programs: $337,543 (Fully Paid) ➤ Malibu Fundraising Facts:
➤ 100% volunteer run (limited qualifications)
➤ 99.9% of funding is from school families.
➤ No financial structure to support endowments.

FUNDS: Instructional Aides for Elementary, Art Labs for Elementary, Marine Science for MES, Planet Bravo for Webster.

Professionally run organization funds an expanding
variety of ongoing school programming - including an
Athletics Pathway this school year.

Volunteers raise funds to cover current year needs - with Malibu’s location and enrollment, the economies of location and scale are a challenge.

Agenda Item # 3.B.12.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Susan Dueñas, Public Safety Director
Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: February 8, 2024 Meeting date: February 12, 2024 Subject: Resolution Ratifying the Director of Emergency Services’ Proclamation of Existence of a Local Emergency
RECOMMENDED ACTION: Adopt Resolution No. 24-05 ratifying the proclamation of existence of a local emergency by the Director of Emergency Services.

FISCAL IMPACT: There is no fiscal impact with the recommended action. The existence of the local emergency will help qualify the City for the possibility of reimbursement for disaster response expenditures.

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

DISCUSSION: The City has an emergency plan, including an emergency services organization that is activated in the event of emergency to coordinate functions of the City with all other public agencies, organizations and those people affected by the disaster.

Title 2, Chapter 2.52 of the Malibu Municipal Code empowers the Director of Emergency Services to proclaim the existence of a local emergency when the City is affected by a public calamity and the City Council is not in session. The Director’s declaration is subject to City Council ratification within seven days.

An emergency exists when conditions are beyond the control of the services, personnel, equipment, and facilities of this City. The declaration is an acknowledgement of the need for the combined forces of other political subdivisions to combat.

On February 1, 2024, the first of a series of atmospheric river systems moved into Malibu bringing high winds, prolonged periods of heavy rains totaling more than 13 inches in five City Council Meeting
02-12-24
Item

3.B.12.

Agenda Item # 3.B.12.
days, closure and damage to highways and roads, flash flood warnings, urban flooding, rockslides, and land movement incidents. Public Works crews have worked throughout the days and nights monitoring City streets, inspecting and clearing City storm drains, and clearing significant storm-related debris including rocks, mud, sediment, and downed trees and branches. Coordination, collaboration, and the combined forces of different jurisdictions are imperatively needed to effectively respond to and recover from the impacts of this storm.

On February 4, 2024, California Governor Gavin Newsom proclaimed a State of Emergency in response to the severe storms.

On February 4, 2024, the Los Angeles County Board of Supervisors also proclaimed the existence of a local emergency for winter storms.

On February 9, 2024, the Director of Emergency Services (City Manager) proclaimed the existence of a local emergency, which proclamation will expire on February 16, 2024 unless ratified by the City Council.

Before the City Council today is a resolution ratifying the Director’s declaration and proclaiming a state of local emergency. If adopted, the City Council will review, and as needed renew, this action at least every 60 days. The declaration will enable City staff to take actions to respond to the conditions created by the winter storms and will assist residents and the City in obtaining aid and other assistance.

ATTACHMENTS:

1. Resolution No. 24-05

2. Proclamation of Existence of a Local Emergency
RESOLUTION NO. 24-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

CONFIRMING EXISTENCE OF A LOCAL EMERGENCY, AND RATIFYING

THE PROCLAMATION OF LOCAL EMERGENCY BY THE DIRECTOR OF

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

SECTION 1. Recitals.

A. Title 2, Chapter 2.52 of the Malibu Municipal Code designates the City Manager as the Director of Emergency Services and empowers him to proclaim the existence or threatened existence of a local emergency if the City Council is not in session, subject to ratification by the City Council within seven days, when the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City exist which are likely to be beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat.

B. On February 1, 2024, the first of a series of atmospheric river systems moved into Malibu bringing high winds, prolonged periods of heavy rains totaling more than 13 inches in five days, closure and damage to highways and roads, flash flood warnings, urban flooding, rockslides, and land movement incidents. Public Works crews have worked throughout the days and nights monitoring City streets, inspecting and clearing City storm drains, and clearing significant stormrelated debris including rocks, mud, sediment, and downed trees and branches. Coordination, collaboration, and the combined forces of different jurisdictions are imperatively needed to effectively respond to and recover from the impacts of this storm.

C. On February 4, 2024, California Governor Gavin Newsom proclaimed a State of Emergency in response to the severe storms.

D. On February 4, 2024, the Los Angeles County Board of Supervisors also proclaimed the existence of a local emergency for winter storms.

E. On February 9, 2024, the Director of Emergency Services (City Manager) proclaimed the existence of a local emergency, which proclamation will expire on February 16, 2024 unless ratified by the City Council.

F. The saturation of the hillsides presents risk for further rock and mudslides and that additional repairs and debris clearance will be necessary in the weeks to come to alleviate the present conditions of disaster or extreme peril to the safety of persons and property.

G. Under Government Code section 8630(b), a proclamation of local emergency must be ratified by the City Council within seven (7) days to remain in effect; H. Government Code section 8630 generally requires the City Council to review the need for continuing the local emergency at least every sixty (60) days; and I. The City Council desires to declare a local emergency and ratify the proclamation of local emergency by the City Manager. Attachment 1
Resolution No. 24-05

_____________________
SECTION 2. The Proclamation of Existence of a Local Emergency issued by the Director of Emergency Services is hereby ratified.

SECTION 3. It is hereby proclaimed that a local emergency now exists throughout the City. It is further proclaimed and ordered that during the existence of this local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by State law and by the ordinances and resolutions of this City.

SECTION 4. The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency every 60 days until this resolution is terminated.

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

PASSED, APPROVED, and ADOPTED this __th day of ____ 2024. _____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
65273.00001\40965515.1
City of Malibu
23825 Stuart Ranch Road Malibu, California 90265-4861
Phone (310) 456-2489 Fax (310) 456-3356 www.malibucity.org

PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY
(by the Director of Emergency Services)

AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES

OF THE CITY OF MALIBU DECLARING THE EXISTENCE OF A LOCAL

EMERGENCY
WHEREAS, the California Emergency Services Act, Government Code sections 8550, et seq., authorizes the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist; and WHEREAS, Title 2, Chapter 2.52 of the City of Malibu’s Municipal Code designates the City Manager as the Director of Emergency Services and empowers him to proclaim the existence, or threatened existence, of a local emergency when such conditions exist and the City Council is not in session; and
WHEREAS, the Director of Emergency Services of the City of Malibu does hereby find as follows:

That conditions of disaster and extreme peril to the safety of persons and property have arisen within the City as a result of a rainstorm that began on February 1, 2024; That as a result of a series of atmospheric river systems, the City has been impacted by high winds, prolonged periods of heavy rains totaling more than 13 inches in five days, closure and damage to highways and roads, flash flood warnings, urban flooding, rock slides, and land movement incidents.

That Public Works crews worked throughout the day and night monitoring City streets, inspecting and clearing City storm drains, and clearing significant storm related debris including rocks, mud, sediment, and downed trees and branches; That the saturation of the hillsides presents risk for further rock and mudslides and that additional repairs and debris clearance will be necessary in the weeks to come to alleviate the present conditions of disaster or extreme peril to the safety of persons and property as defined in MMC 2.52.020 and Government Code section 8558(c)(1); That the City Council of the City of Malibu is not in session; and That these conditions warrant and necessitate that the City of Malibu declare the existence of a local emergency.

DocuSign Envelope ID: A12E3BD3-0820-4A66-A575-7FCA58D043F8 Attachment 2
65273.00001\40965515.1

NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the City; and
BE IT FURTHER PROCLAIMED that this proclamation shall be in effect for a period of seven days by which time it must be ratified by the City Council pursuant to Government Code section 8630; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, by ordinances, and resolutions of this city, and by the City of Malibu Emergency Operations Plan, as approved by the City Council on February 25, 2019.

ADOPTED this 9th day of February 2024.

CITY OF MALIBU, CALIFORNIA
By: _________________________
Steve McClary, City Manager
Director of Emergency Services
ATTEST:
_________________________
Kelsey Pettijohn, City Clerk
(seal)
This proclamation has been issued in accordance with applicable law, is in effect and carries the force of law until February 16, 2024, on which date it expires unless the declaration of local emergency is ratified by the City Council within 7 days of this date.

REVIEWED AND APPROVED AS TO FORM:

_____________________________
Trevor Rusin, Interim City Attorney
DocuSign Envelope ID: A12E3BD3-0820-4A66-A575-7FCA58D043F8

Agenda Item # 6.A.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Susan Dueñas, Public Safety Director
Approved by: Steve McClary, City Manager
Date prepared: January 3, 2024 Meeting date: February 12, 2024 Subject: School Safety Assessment (Continued from January 22, 2024) RECOMMENDED ACTION: 1) Receive a report on the School Safety Assessment; and 2) Provide direction to staff as appropriate.

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

Funding for this project is included in the Adopted Budget for FY 2023-24 in Account No. 100-7003-5100-00 (City Manager - Professional Services).

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

DISCUSSION: On October 24, 2022, the City Council authorized the Mayor to execute a Professional Services Agreement with Guidepost Solutions LLC for a Comprehensive School Safety Assessment. The Assessment began in December 2022, and a draft report was provided to the Santa Monica-Malibu Unified School District (SMMUSD) in August 2023 for review.

As directed by the City Council, the assessment is inclusive of all K-12 public schools in the City and extends beyond physical security and safety procedures to include a review and analysis of behavioral health programs, policies, and procedures.

The assessment is based on a broad range of data-gathering activities, including:
• Interviews with Malibu schools stakeholders to obtain information regarding security incidents, concerns, philosophies, opinions on security, data regarding possible security program support processes, threat assessment, and school culture.

City Council Meeting
02-12-24
Item

6.A.

Agenda Item # 6.A.
• A crime analysis of the area surrounding the school buildings to analyze the threat environment.
• A survey of the schools’ properties and operations, including academic buildings, libraries, gymnasiums, arts areas, music education spaces, athletic fields and spaces, and recreational areas.
• Daytime and evening tours of the sites to assess activity, lighting, and other securityrelated characteristics. • A review of existing security technology deployments, functions, use, standards adaptation, monitoring, and command and control (as applicable). • A review and evaluation of current staffing and monitoring posts. • An analysis of information obtained through document reviews, surveys, interviews, and research.
• An assessment of the school district’s safety and security policies and procedures, including but not limited to the School Emergency and Crisis Plan, visitor management policy and procedures, access control, intrusion detection, video surveillance, fencing and gates, traffic control and exterior lighting.
• In-person and virtual interviews and online anonymous community surveys to develop an understanding of MPS schools and facilities end-user perspective and opinion on existing safety and security measures.

Based on this extensive research, the assessment includes recommendations for improved physical security through:
• Access Control
• Visitor Management
• Video Surveillance
• Communications
• Door hardware and window treatments
• Signage
• Fencing
• Traffic control
The report also includes 11 recommendations for improved policies and procedures.

In December 2023, staff met with SMMUSD representatives to finalize the report and discuss progress and next steps. Out of the total recommendations, 205 are related to school facilities, and the school district representatives informed staff that they have already created work orders to implement 140 of the recommendations. In addition, school district representatives said they planned to meet with each school community individually to discuss the recommendations and implementation progress specific to each school site.

ATTACHMENTS: School Safety Assessment Executive Summary November 2023
2023 School Safety Assessment
Executive Summary
The City of Malibu, in collaboration with the Santa Monica-Malibu Unified School District (SMMUSD) and the Los Angeles County Sheriff’s Department (LASD), commissioned Guidepost Solutions LLC to conduct a comprehensive evaluation and thorough physical security program review of the four public school campuses in Malibu, which include Malibu Elementary School, Webster Elementary School, Malibu Middle School, and Malibu High School. It should be noted that this report specifically focuses on the Malibu public schools and not the entire Santa Monica-Malibu Unified School District.

The purpose of the assessment was to identify opportunities for Malibu public schools to improve, grow, and strengthen its physical security program to better protect and serve its communities. It provides an expert third-party review of the existing security operations and shared insights on stakeholders' perspectives regarding safety and security.

The completed School Safety Assessment includes evaluations of physical security measures, security electronic systems, security staffing, security policies and procedures, stakeholder interviews, and 209 community surveys completed by staff, faculty, students, parents, guardians, and administrators. In addition, it identifies opportunities for improvement or enhancement and highlights existing strengths.

The following actions were among those suggested to increase public safety within and around Malibu’s public schools:
• Ensure compliance with traffic measures around the school site (i.e., ensuring that parents are dropping off/picking up in the correct areas, vehicles are not blocking exits, etc.) • Consistent location of emergency backpacks and supplies familiar to all staff • Stronger “Security culture” at all school sites (i.e., staff badges, empower staff to question unfamiliar people)
• Additional walkie-talkies and communication strategy coordination • Improved signage around campuses (i.e., restrooms for student use, classroom numbers, main entrance, wayfinding, visitor check-in area, speed limits) • Visitor management (i.e., meeting and escorting, removing paper screening) • Public Address system upgrades and regular tests
• Improved door routines (i.e., educating staff and students when to have doors closed or locked) • Voice over Internet Protocol (VoIP) backup system
• Secure fencing and covers around equipment, electric panels, and other areas of high interest • Update staff emergency operations handbooks
• Lock down button with notice to LASD
November 2023
• Perimeter upgrades (i.e., 8 feet fences, fence toppers, glass facades) • Continue discussions on having a school resource deputy • Expanded use of keyless technologies (and continued tech integration) • Implementation of Video Assessment and Surveillance System monitoring (i.e. cafeteria, library, front entry, exterior of each restroom)
• Upgrades to intrusion detection measures (i.e., glass break, motion detectors, intrusion alert panels)
• Upgrades to door hardware
• Speed controls, vehicle barriers, and coordinate parking in designated parking areas • Upgrades to exterior lighting
• Card readers, and intercoms at all pedestrian entry points • Automated electronic access gates
• Installation of window treatments to minimize visibility into instructional, office, and staff locations to make it difficult for an intruder to see into the room.

The Assessment prioritizes the findings and recommendations, including the recommendations identified above, into an outline that enables the school district to develop a phased approach to implementing improvements based on risk.

SMMUSD has already begun addressing the systemic, operational, and facility recommendations. The more complex recommendations will take time to implement.

To protect students and staff, this report is being kept confidential and will not be made available to the public.

Agenda Item # 4.A.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Tracey Rossine, Environmental Programs Manager Andre Ketchedjian, Senior Civil Engineer
Reviewed by: Yolanda Bundy, Environmental Sustainability Director

Approved by: Steve McClary, City Manager
Date prepared: January 2, 2024 Meeting date: February 12, 2024 Subject: Exterior Elevated Elements (E3) Ordinance (Continued from January 22, 2024)
RECOMMENDED ACTION: 1) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 515 determining the project is categorically exempt from the California Environmental Quality Act and adding Chapter 15.30 to Title 15 of the Malibu Municipal Code (MMC) to create a process to regulate exterior elevated elements within the City; and 2) Direct staff to schedule second reading and adoption of Ordinance No. 515 for the February 12, 2024 City Council 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: On June 16, 2015, a fourth-floor balcony at the Library Gardens apartment complex in Berkeley, California, collapsed. The collapse killed six people and injured seven more. A subsequent investigation revealed that years of exposure to moisture led to dry rot along the top of the cantilevered balcony framing, causing them to disintegrate or give way. In the wake of this tragedy, local and state agencies moved to address deficiencies in the laws around the construction, maintenance, and inspection of balconies, decks, and other exterior elevated elements (E3).

On September 17, 2018, California State Senate Bill (SB) 721 was approved to amend Section 16954 of the Civil Code, and to add Article 2.2 (commencing with Section 17973) to Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, relating to building standards and requiring local jurisdictions to regulate multi-family inspections of City Council Meeting
02-12-24
Item

4.A.

Agenda Item # 4.A.

E3s beginning January 1, 2025. On August 30, 2019, SB 326 was approved to amend Section 6150 of, and to add Sections 5551 and 5986 to, the Civil Code, relating to civil law and amending the code to include inspection standards for condominium associations.

SB 721 and SB 326 affect buildings containing R-1 and R-2 occupancies with three (3) or more residential units.

An exterior elevated element (E3) is defined by California Legislature as: balconies, decks, porches, stairways, walkways, and entry structures that extend beyond exterior walls of the building, including their supports and railings. Exceptions are made if there are no E3s intended for human occupancy more than six feet above ground level, or the structural support or stability of the E3s does not rely on wood or wood-based products in whole or in substantial part.

The primary differences between the bills are who they affect and the frequency of inspection. The inspections themselves are fairly similar. • SB 721 applies to property owners of buildings with three or more multi-family dwelling units. The first inspection is required by January 1, 2025 and then every six years after.
• SB 326 applies to condominium associations. The first inspection is required by January 1, 2025 and then every nine years after.

The purpose of Ordinance No. 515 is to monitor the maintenance of the structural integrity of the building components supporting E3s to protect the safety of the public. It will provide staff with concise standards for inspections of these structures and assist property owners to make necessary repairs or upgrades to ensure their safety.

Inspection Process
The inspections are intended to identify supporting elements that exhibit signs of deterioration (corrosion, fungal decay, insect infestation, etc.) and determine if the extent of the deterioration has compromised the load-carrying capacity of the supporting elements. The inspection requires the evaluation of at least 15 percent of each type of exterior elevated element. The requirement extends to 15 percent of each element, not 15 percent of buildings or units. For example, buildings that have more than one type of balcony, may require evaluation of 15 percent of each type of balcony.

The requirements of E3 inspectors are a little different between the two bills. SB 326 states that the inspection can only be performed by an architect, civil engineer, or structural engineer. While SB 721 states: The inspection shall be performed by a California-licensed architect; California-licensed civil or structural engineer; a building contractor holding any or all of the “A,” “B,” or “C-5” license classifications issued by the

Agenda Item # 4.A.

Contractors’ State License Board, with a minimum of five years’ experience, as a holder of the aforementioned classifications or licenses, in constructing multi-story wood frame buildings; or an individual certified as a building inspector or building official from a recognized state, national, or international association, as determined by the local jurisdiction. Ordinance No. 515 requires the more restrictive inspector as defined by SB 326.

Program Guidelines
Staff anticipates developing a program for monitoring inspections of weather-exposed, exterior, elevated elements of buildings. Outreach to building professionals will be a key factor in implementing these requirements. The program would apply to the following elements located more than six (6) feet above adjacent grade, constructed of wood or steel, and accessible to occupants, known collectively as E3s:
• Balconies
• Exterior walkways
• Decks
• Exterior stairs and landings
• Guards and associated handrails serving any elements listed above E3s whose structural system is constructed of reinforced concrete are exempt from the program.

E3s constructed of reinforced concrete would be exempt from Chapter 15.30; however, E3s featuring a concrete topping slab as a wearing surface that are supported by wood or steel framing will be subject to the program. E3s located in areas accessible only to maintenance personnel, such as roofs, would be exempt.

Except as otherwise provided by the E3 law, the required safety inspection must be completed by January 1, 2025, and by January 1 every six years thereafter. The architect, civil engineer, or structural engineer (California-licensed professional) must provide a stamped/signed written report of the evaluation to the owner of the building or the owner’s designated agent within 45 days of completion of the inspection.

A copy of any report that recommends immediate repairs, advises that any building assembly poses an immediate threat to the safety of the occupants, or that preventing occupant access or emergency repairs, including shoring, are necessary, shall be provided by the California-licensed professional to the owner of the building and to the City within 15 days of completion of the report.

An E3 that the inspector advises poses an immediate threat to the safety of the occupants, or finds preventing occupant access or emergency repairs, including shoring, or both, are necessary, shall be considered an emergency condition and the owner of the building shall perform required preventive measures immediately, including preventing occupant access to the E3 until emergency repairs have been permitted,

Agenda Item # 4.A.
inspected, and approved by the City. Repairs of the emergency conditions must be completed by a California-licensed contractor in compliance with the inspector’s recommendations and the Building Standards Code.

The owner of the building requiring corrective work to an exterior elevated element that, in the opinion of the inspector, does not pose an immediate threat to the safety of the occupants, shall apply for a permit within 120 days of receipt of the inspection report.

Once the permit is approved, the owner of the building shall have 120 days to make the repairs unless an extension of time is granted by the local enforcement agency.

The continued and ongoing maintenance of exterior elevated elements in a safe and functional condition in compliance with E3 inspection law shall be the responsibility of the owner of the building.

After the adoption of Ordinance No. 515, staff will establish a program with the primary objective of safeguarding the public by maintaining the strength of structural components supporting E3s.

ALTERNATIVES: No alternatives are recommended. It is required that the City adopt an Exterior Elevated Elements (E3) Ordinance so that multi-family dwelling unit inspections are completed by January 1, 2025 and every six years thereafter; and condominium associations direct inspections to be completed by January 1, 2025 and then every nine years after.

ATTACHMENTS:

1. Ordinance No. 515

2. Public Hearing Notice
ORDINANCE NO. 515

AN ORDINANCE OF THE CITY OF MALIBU DETERMINING THE PROJECT

IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND ADDING CHAPTER 15.30 TO TITLE 15 OF THE MALIBU

MUNICIPAL CODE CREATING A PROCESS TO REGULATE EXTERIOR

ELEVATED ELEMENTS WITHIN THE CITY
The City Council of the City of Malibu does ordain as follows:

SECTION 1. Findings
Pursuant to California Health and Safety Code Division 13, Section 17973, the City Council hereby makes each finding of reasonable necessity for modifications as stated separately in Attachment No. 2 to the January 9, 2023 City Council Agenda Report for Item No. 4.A. These modifications to the California Building Code, incorporating the exterior elevated elements code, are reasonably necessary due to the local climate, characterized by hot, dry summers and the high potential for seismic activity which make structures particularly vulnerable to rapidly spreading fires and structural damage.

SECTION 2. Amendments
Chapter 15.30 of the Malibu Municipal Code is amended to read as follows:

Chapter 15.30
EXTERIOR ELEVATED ELEMENTS: INSPECTIONS

15.30.010 Reserved.

15.30.020 Definitions.

15.30.030 Qualified and licensed inspectors.

15.30.040 Assessment inspections.

15.30.050 Requirements for multi-family property owners.

15.30.060 Requirements condominium associations.

15.30.060 Exemptions.

15.30.070 Enforcement.

15.30.080 Penalties.

15.30.010 Reserved.

15.30.020 Definitions.
“Associated waterproofing systems” include flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water and the elements.
“Exterior elevated elements” mean the load-bearing components together with their associated waterproofing system.

Attachment #1
Ordinance No. 515

“Load-bearing components” means those components that extend beyond the exterior walls of the building to deliver structural loads to the building from decks, balconies, stairways, walkways, and their railings, that have a walking surface elevated more than six feet above ground level, that are designed for human occupancy or use, and that are supported in whole or in substantial part by wood or wood-based products.
“Multi-family dwelling units” mean buildings containing R-1 and R-2 Occupancies, as defined by the California Building Code. They are residential buildings containing three or more dwelling or sleeping units: apartment houses, tenants in common and live/work units, dormitories, fraternities, sororities, convents and monasteries, hotels, motels and vacation timeshare properties, boarding houses and congregate residences (transient with more than 10 occupants and nontransient with more than 16 occupants), Residential Assisted Living Facilities and Social Rehabilitation Residential Facilities. “Visual inspection” means inspection through the least intrusive method necessary to inspect load-bearing components, including visual observation only or visual observation in conjunction with, for example, the use of moisture meters, borescopes, or infrared technology.

15.30.030 Qualified and licensed inspectors.

Exterior elevated elements that include load-bearing components in all buildings containing three or more multi-family dwelling units shall be inspected. The inspection shall be performed by a California-licensed architect; California-licensed civil or structural engineer.

These individuals shall not be employed by the city while performing these inspections. The purpose of the inspection is to determine that exterior elevated elements and their associated waterproofing systems are in a generally safe condition, adequate working order, and free from any hazardous condition caused by fungus, deterioration, decay, or improper alteration to the extent that the life, limb, health, property, safety, or welfare of the public or the occupants is not endangered. The person or business performing the inspection shall be hired by the property owner or condominium association.

15.30.040 Assessment inspections.

A. Multi-family property owners shall complete inspections by January 1, 2025, and by January 1 every six years thereafter. All inspection reports shall be maintained in the owner’s records for two inspection cycles and shall be disclosed and delivered to the buyer at the time of any subsequent sale of the building.

B. The board of a condominium association shall complete inspections by January 1, 2025, and by January 1 every nine years thereafter. All written reports shall be maintained for two inspection cycles as records of the association.

C. The inspection required by this chapter shall at a minimum include:

1. Identification of each type of exterior elevated element that, if found to be defective, decayed, or deteriorated to the extent that it does not meet its load requirements, would, in the opinion of the inspector, constitute a threat to the Ordinance No. 515

health or safety of the occupants.

2. Assessment of the load-bearing components and associated waterproofing elements of the exterior elevated elements as defined using methods allowing for evaluation of their performance by direct visual examination or comparable means of evaluating their performance. For purposes of this chapter, a sample of at least 15 percent of each type of exterior elevated element shall be inspected.

3. The evaluation and assessment shall address each of the following as of the date of the inspection:
i. The current condition of the exterior elevated elements. ii. Expectations of future performance and projected service life. iii. Recommendations of any further inspection necessary.

4. A written report of the evaluation stamped or signed by the inspector presented to the property owner or the owner’s designee within 45 days of completion of the inspection. The report shall include photographs, any test results, and narrative sufficient to establish a baseline of the condition of the components inspected that can be compared to the results of subsequent inspections. In addition to the evaluation required by this chapter, the report shall advise which, if any, exterior elevated element poses an immediate threat to the safety of the occupants, and whether preventing occupant access or conducting emergency repairs, including shoring, are necessary.

D. The inspector conducting the assessment inspection shall produce an initial report and, if requested by the owner, a final report indicating that any required repairs have been completed. A copy of any report that recommends immediate repairs, advises that any building assembly poses an immediate threat to the safety of the occupants, or that preventing occupant access or emergency repairs, including shoring, are necessary, shall be provided by the inspector to the property owner and to the city within 15 days of completion of the report. Subsequent inspection reports shall incorporate copies of prior inspection reports, including the locations of the exterior elevated elements inspected. The city may require additional information be provided in the report and may require a copy of the initial or final reports, or both, be submitted to the city.

15.30.050 Requirements for multi-family property owners.

A. An exterior elevated element found by the inspector that is in need of repair or replacement shall be corrected by the property owner. All necessary permits for repair or replacement shall be obtained from the city. All repair and replacement work shall be performed by a qualified and licensed contractor in compliance with all of the following:

1. The recommendations of a licensed professional described in Chapter

15.30.030

2. Any applicable manufacturer’s specifications.

3. The County of Los Angeles Building Code
Ordinance No. 515

B. An exterior elevated element that the inspector advises poses an immediate threat to the safety of the occupants, or finds preventing occupant access or emergency repairs, including shoring, or both, are necessary, shall be considered an emergency condition and the property owner shall perform required preventive measures immediately. Occupant access to the exterior elevated element shall be prohibited until all emergency repairs have been permitted and approved by the city. An emergency permit must be obtained from the city prior to beginning repair or replacement work. Repairs of emergency conditions shall comply with the requirements of 15.30.050(A), be inspected by the licensed inspector, and reported to the city.

1. The owner of the building requiring corrective work to an exterior elevated element that, in the opinion of the inspector, does not pose an immediate threat to the safety of the occupants, shall apply for a permit within 120 days of receipt of the inspection report. Once the permit is approved, the owner shall have 120 days to make the repairs unless an extension of time is granted by the city.

C. A building safety lien authorized by this chapter shall specify the amount of the lien, the name of the agency on whose behalf the lien is imposed, the street address, the legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the building.

1. In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information shall be recorded by the city. A safety lien and the release of the lien shall be indexed in the grantor-grantee index.

2. A building safety lien may be foreclosed by an action brought by the city for a money judgment.

3. Notwithstanding any other law, the county recorder may impose a fee on the city to reimburse the costs of processing and recording the lien and providing notice to the property owner. The city shall recover from the owner any costs incurred regarding the processing and recording of the lien and providing notice to the owner as part of its foreclosure action to enforce the lien.

D. The continued and ongoing maintenance of exterior elevated elements in a safe and functional condition in compliance with these provisions shall be the responsibility of the property owner.

15.30.060 Requirements for condominium associations.

A. Prior to conducting the first visual inspection, the licensed inspector described in Chapter 15.30.030 shall generate a random list of the locations of each type of exterior elevated element. The list shall include all exterior elevated elements for which the association has maintenance or repair responsibility. The list shall be provided to the association for future use.

B. The licensed inspector described in Chapter 15.30.030 shall perform the visual Ordinance No. 515

inspections in accordance with the random list generated. If the inspector observes building conditions indicating that unintended water or water vapor has passed into the associated waterproofing system, thereby creating the potential for damage to the load-bearing components, then the inspector may conduct a further inspection after obtaining all necessary permits from the city. The inspector shall exercise their best professional judgment in determining the necessity, scope, and breadth of any further inspection.

C. Based upon the licensed inspector’s visual inspections, further inspection, and construction and materials expertise, the inspector shall issue a written report containing the following information:

1. The identification of the building components comprising the load-bearing components and associated waterproofing system.

2. The current physical condition of the load-bearing components and associated waterproofing system, including whether the condition presents an immediate threat to the health and safety of the residents.

3. The expected future performance and remaining useful life of the load-bearing components and associated waterproofing system.

4. Recommendations for any necessary repair or replacement of the load-bearing components and associated waterproofing system.

D. The report shall be stamped or signed by the licensed inspector and presented to the board of the association.

E. If, after inspection of any exterior elevated element, the inspector advises that the exterior elevated element poses an immediate threat to the safety of the occupants, the inspector shall provide a copy of the inspection report to the association immediately upon completion of the report, and to the city within 15 days of completion of the report. Upon receiving the report, the association shall take preventive measures immediately, including preventing occupant access to the exterior elevated element until repairs have been permitted and approved by the city. An emergency permit must be obtained from the city prior to beginning repair or replacement work. Repairs of emergency conditions shall comply with the requirements of 15.30.050(A), be inspected by the licensed inspector, and reported to the city.

1. The city shall have the ability to recover enforcement costs from the association associated with the requirements of this chapter.

F. Each subsequent visual inspection conducted under this chapter shall begin with the next exterior elevated element identified on the random list and shall proceed in order through the list.

G. The association shall be responsible for complying with the requirements of this chapter.

H. The continued and ongoing maintenance and repair of the load-bearing Ordinance No. 515

components and associated waterproofing systems in a safe, functional, and sanitary condition shall be the responsibility of the association as required by the association’s governing documents.

I. The association board may enact rules or bylaws imposing requirements greater than those imposed by this chapter.

15.30.070 Exemptions
A. Exterior elevated elements whose structural system is constructed of reinforced concrete are exempt from Chapter 15.30. Exterior elevated elements featuring a concrete topping slab as a wearing surface are subject to this chapter if the topping slab is supported by wood or steel framing.

B. Exterior elevated elements located in areas accessible only to maintenance personnel, such as roofs, are exempt from Chapter 15.30.

15.XX.080 Enforcement
A. If the property owner does not comply with the repair requirements within 180 days, the inspector shall notify the city and the owner. If within 30 days of the date of the notice the repairs are not completed, the owner shall be assessed a civil penalty of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) per day until the repairs are completed, unless an extension of time is granted by the city manager or designee.

B. In the event that a civil penalty is assessed pursuant to this chapter, a building safety lien may be recorded in the county recorder’s office by the city in the county in which the parcel of land is located and from the date of recording shall have the force, effect, and priority of a judgment lien.

15.30.090 Penalties
In addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of this municipal code, violations of the provisions of this chapter are subject to the administrative penalty provisions of Chapter 1.10.

SECTION 3. California Environmental Quality Act.

The City Council determines that this Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000 et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000 et seq., the "State CEQA Guidelines") because it does not meet the definition of a “project” under Public Resources Code § 21065 and is covered by the common sense exception under 14 California Code of Regulations § 15061(b)(3) as it consists only of minor revisions and clarifications to an existing code of construction related regulations and specification of procedures related thereto and will not have Ordinance No. 515

the effect of deleting or substantially changing any regulatory standards or findings required therefor.

This ordinance is an action being taken for enhanced protection of the environment and does not have a reasonably foreseeable direct or indirect physical change on the environment or the potential to cause significant effects on the environment.

SECTION 4. The City Clerk shall certify the adoption of this ordinance.

PASSED, APPROVED AND ADOPTED this ____ day of February 2024. ____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Date: _________________________
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney

NOTICE OF PUBLIC HEARING

CITY OF MALIBU

CITY COUNCIL
The Malibu City Council will hold a public hearing on MONDAY, January 22, 2024, at 6:30 p.m. on the item listed below in the Council Chambers at Malibu City Hall, located at 23825 Stuart Ranch Road, Malibu, CA, and via teleconference.

Public comment can be submitted ahead of the public hearing to [email protected] for inclusion in the public record. To view and participate during the public hearing, please review the meeting agenda posted at MalibuCity.org/AgendaCenter and follow the directions for public participation.

EXTERIOR ELEVATED ELEMENTS (E3) ORDINANCE NO. 515

AN ORDINANCE OF THE CITY OF MALIBU DETERMINING THE PROJECT IS CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND ADDING CHAPTER

15.30 TO TITLE 15 OF THE MALIBU MUNICIPAL CODE CREATING A PROCESS TO

REGULATE EXTERIOR ELEVATED ELEMENTS WITHIN THE CITY
IF YOU CHALLENGE THE CITY COUNCIL’S ACTION IN COURT, YOU MAY BE LIMITED TO

RAISING ONLY THOSE ISSUES RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS

NOTICE, OR OTHERWISE HELD BY THE CITY, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, EITHER AT OR PRIOR TO THE PUBLIC HEARING.

If there are any questions regarding this notice, please contact Yolanda Bundy, Environmental Sustainability Director/Building Official, at (310) 456-2489, ext. 229. Copies of all related documents can be reviewed by any interested person at City Hall during regular business hours.

Oral and written comments may be presented to the City Council on, or before, the date of the meeting.
_______________________________________________________ Yolanda Bundy, Environmental Sustainability Director/Building Official Publish Date: January 11, 2024 and January 18, 2024
Attachment #2

Agenda Item # 6.B.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Joseph D. Toney, Assistant City Manager
Reviewed by: Renée Neermann, Finance Manager
Approved by: Steve McClary, City Manager
Date prepared: January 24, 2023 Meeting date: February 12, 2024 Subject: Fiscal Year 2023-24 Second Quarter Financial Report and Mid-Year Budget Amendments
RECOMMENDED ACTION: 1) Receive and file Fiscal Year (FY) 2023-24 Second Quarter Financial Report; 2) Adopt Resolution No. 24-03 amending the annual budget for Fiscal Year 2023-24; and 3) Adopt Resolution No. 24-04 approving Recreation Assistant II job specifications.

FISCAL IMPACT: The Proposed FY 2023-24 Mid-Year Budget Amendments total an increase of $0.05 million in General Fund Revenue and an increase of $1.05 million in General Fund expenditures. The proposed amendments total an increase of $0.14 million in revenue over all funds and an increase of $1.47 million in overall expenditures and maintain a balanced budget. As of September 30, 2023, the projected budget General Fund Undesignated Reserve at June 30, 2024, is $58.6 million (unaudited).

The budgeted General Fund Undesignated Reserve for June 30, 2023, is $70.3 million.

As of December 31, 2023, the General Fund Undesignated Reserve is projected at $67.9 million for the year ending June 30, 2024. The City’s Projected General Fund Undesignated Reserve will be approximately 117.5% of the $57.8 million FY 2023-24 Amended operating budget (not including General Fund CIP) and will exceed the 65% targeted reserve amount.

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

City Council Meeting
02-12-24
Item

6.B.

Agenda Item # 6.B.

DISCUSSION: The attached report provides revenue, expenditure and fund balance totals for the Second Quarter of FY 2023-24 and the proposed mid-year budget amendments (Attachment 1).

Revenues
The Revenues by Fund Report (pages A-1 through A-5) reflects General Fund revenues received of $21.3 million or 37% of the amended budgeted amount for the fiscal year.

Total revenue for all funds received through the second quarter is $25.65 million or

31.1% of the Amended Budget amount for the fiscal year. Many revenue sources are received on a quarterly or annual basis and, as such, will be reflected when the year-end report is presented. For example, property taxes are remitted by the County after they are paid by property owners in December and April; Property Tax - In Lieu payments typically come at the end of the year; and Transient Occupancy Tax - Private Rentals is remitted quarterly. Therefore, this report only reflects payments made in October for the period of July through September. The second quarter payments will be received by the end of January and are not included in this report. Sales Tax is remitted quarterly to the State and then passed along to the City, so there is some lag in those receipts as well.

Additionally, total City revenue includes grant reimbursements for Capital Improvement Projects (CIP) expenditures that are typically received at the end of the fiscal year.

Expenditures
The Expenditure by Fund Report (pages A-6 through A-9) reflects budget carryovers from FY 2022-23, as well as the appropriations approved by the City Council for the current fiscal year in the Amended Budget column. Budget Adjustments, Carryovers, Corrections and Council Appropriations total $2,035,817 through December 31, 2023.

General Fund expenditures for the second quarter total $19.95 million or 28.3% of the Amended Budget amount. Reducing for the General Fund CIP and Disaster Response amounts, the total is $19.93 million or 35.7% of the Amended Budget. Expenditures for all funds total $25.0 million or 26.3% of the Amended Budget amount.

Fund Balances
Projected Fund Balances for the fiscal year-end are reflected on page A-11. The projected Undesignated Fund Balance at June 30, 2024, includes all expenses appropriated by the Council as of December 31, 2023. The City ended FY 2022-23 with $70.3 million in the Undesignated General Fund Reserve. As of December 31, 2023, the projected General Fund Undesignated Reserve at June 30, 2024, is $67.9 million. In addition, $6.5 million remains in contingency.

Agenda Item # 6.B.

Mid-Year Budget Amendments
The Mid-Year Budget Amendments are detailed on pages A-10.

General Fund Revenue Amendments
The following amendment to the adopted revenue budget is a recommended total of $50,000.
• $50,000 General Fund - Grant Proceeds for Building Safety & Sustainability - SCG Grant - Coastal Vulnerability
General Fund Expenditure Amendment
The following amendments to the adopted expenditure budget are recommended. The General Fund expenditures total an increase of $1.05 million. Special Revenue increases $0.4 million. The General Fund Amendments are summarized below.

PW - Street Maintenance - Storm Response $ 200,000 Add'l response due to ongoing storms and PSPS events PW - Street Maintenance - Weed Abatement 50,000 Add'l weed abatement required due to excessive rains PW - Street Maintenance - Operating Supplies 20,000 Replace Pt. Dume Neighborhood timbers damaged by rains PW - Street Maintenance - Equipment 210,000 Replace citywide trash receptacles and damaged CMS Signs Public Works Subtotal 480,000
Community Services - Part-time Salaries 200,000 Convert PT Positions to PT Permanent for employee retention Community Services - Equipment 120,000 New pool office trailer replacing damaged/deteriorating facility Community Services Subtotal 320,000
Public Safety - Advertising & Noticing 10,000 Public notification of PS events and CERT programming Public Safety Subtotal 10,000
Planning - Professional Services 213,000 Contract Planners to augment staff shortage Planning - Coastal Development Permit Services 15,000 To fund Biological Peer Reviews Planning - Advertising & Noticing 15,000 Public Noticing Projects (Housing Element / ADU) Planning Subtotal 243,000
Total General Fund Expenditures $ 1,053,000
Personnel
The Community Services Department is requesting to transition four part-time positions into permanent part-time, thus providing benefits. The intent is to improve retention of seasonal staff, which has been growing more and more difficult to recruit and retain. The change is expected to be neutral on the FTE count as the hours worked per post for CSD programs will remain the same. The number of staff required to fill those posts will be reduced to permanent staff members, requiring less recruitment and seasonal hires.

The estimated impact of this change is $200,000, included as an amendment in this report.

Agenda Item # 6.B.

The change will require the Council to adopt an updated Salary Resolution for FY 2023- 24, included with this report.

Anticipated Future Revenue Impacts
The City’s revenues have continued to see steady growth in the major tax revenue categories post-pandemic and are anticipated to continue to grow in the major tax revenue categories. The voter-approved Transactions and Use Tax (TUT) went into effect on April 1, 2023, and was estimated to bring in $3.0 million per year. The current projection for FY 2023-24 is $3.6 million.

Anticipated Unfunded Expenditures
The Sheriff substation was intended to be open during FY 2023-24, but has yet to open primarily due to Sheriff staffing shortages. While this was originally thought to be a potential fiscal issue, the current status has created expenditure savings. Nevertheless, the ongoing efforts to improve Pacific Coast Highway safety could have significant financial impacts.

The State of California released the budget proposal on January 10, 2024, initially projecting a $38 billion deficit. Furthermore, the Federal Reserve continues to strive for a “soft landing” on the economy. These headwinds could signal economic turbulence in the future, and staff will monitor if any impacts will be felt at the local level.

Administrative and Finance Subcommittee Recommendation
On January 17, 2024, the Administrative and Finance Subcommittee reviewed the FY 2023-24 Second Quarter Financial Report. The Subcommittee recommended the Council approve the FY 2023-24 mid-year budget amendments and the revised Authorized Positions and Salary information.

ATTACHMENTS:

1. FY 2023-24 Q2 Financial Report

2. Resolution No. 24-03 – Annual Budget

3. Resolution No. 24-04 – Authorized Positions

REVENUES BY FUND
December 31, 2023
Object Description
2023-24
Adopted
Amended
Budget
Received
12/31/2023
Percentage
Received
2023-24
Projected
100, 101, 102 & 103 General Fund
3111 Current Year Secured Property Tax $ 15,100,000 $ 15,100,000 $ 6,170,192 40.9% 15,709,000 $ 3112 Current Year Unsecured Property Tax 425,000 425,000 89,816 21.1% 425,000 3113 Homeowner's Exemption 60,000 60,000 9,036 15.1% 60,000 3114 Prior Year Secured Property Tax 1,000 1,000 - 0.0% 1,000 3115 Prior Year Unsecured Property Tax 10,000 10,000 - 0.0% 10,000 3118 Property Tax In-Lieu 2,350,000 2,350,000 - 0.0% 2,350,000 Revenue from Property Taxes 17,946,000 17,946,000 6,269,044 34.9% 18,555,000 3131 Documentary Transfer Tax 1,358,000 1,358,000 270,693 19.9% 1,358,000 3132 Utility User's Tax 2,500,000 2,500,000 1,178,265 47.1% 3,000,000 3133 Transient Occupancy Tax - Hotels and Motels 3,500,000 3,500,000 1,501,582 42.9% 3,700,000 3133-01 Transient Occupancy Tax - Private Rentals 6,000,000 6,000,000 1,583,526 26.4% 5,800,000 3134 Franchise Fees 750,000 750,000 150,620 20.1% 750,000 3137 Sales and Use Tax 8,400,000 8,400,000 3,100,397 36.9% 8,700,000 3138 Parking Occupancy Tax 600,000 600,000 246,929 41.2% 450,000 Revenue From Other Taxes 23,108,000 23,108,000 8,032,012 34.8% 23,758,000 3201 Alarm Permits 30,000 30,000 10,752 35.8% 22,000
3202 Film Permits 450,000 450,000 178,553 39.7% 357,000 3203 Building Permits 1,200,000 1,200,000 676,615 56.4% 1,200,000 3203-01 Code Enforcement - Special Investigations 21,000 21,000 13,666 65.1% 27,000 3204 Wastewater Treatment System Permits 40,000 40,000 23,508 58.8% 47,000 3205 Plumbing Permits 170,000 170,000 98,731 58.1% 197,000 3207 Mechanical Permits 120,000 120,000 78,141 65.1% 156,000 3208 Electrical Permit Fees 280,000 280,000 185,448 66.2% 371,000 3209 Grading/Drainage Permit Fees 90,000 90,000 65,801 73.1% 132,000 3210 Misc. Permits 10,000 10,000 4,379 43.8% 9,000
3418 OWTS Operating Permit Fees 450,000 450,000 200,274 44.5% 401,000 3420 Parking Permits 1,500 1,500 606 40.4% 1,000
3421 Planning Review Fees 1,200,000 1,200,000 670,725 55.9% 1,200,000 Revenue From Licenses and Permits 4,062,500 4,062,500 2,207,199 54.3% 4,120,000 3250 Parking Citation Fines 1,500,000 1,500,000 629,826 42.0% 1,500,000 Revenue From Fines and Forfeitures 1,500,000 1,500,000 629,826 42.0% 1,500,000 3316 Motor Vehicle In-Lieu Fees 15,000 15,000 - 0.0% 15,000 3318 Street Sweeping Reimbursements 51,678 51,678 - 0.0% 51,678 3313/3341 FEMA/OES Reimbursements 2,164,090 2,164,090 38,134 1.8% 2,164,090 3373 Proposition A Recreation - - - 0.0% -
3383 Measure A Recreation - - - 0.0% -
3381 LA County EWMP Reimbursement - - - 0.0% -
Revenue From Other Governments 2,230,768 2,230,768 38,134 1.7% 2,230,768 3408 Biology Review Fees 235,000 235,000 134,849 57.4% 250,000 3409 Document Retention Fees 20,000 20,000 12,832 64.2% 26,000 3410 Building Plan Check Fees 1,200,000 1,200,000 556,021 46.3% 1,000,000 3410-01 Administrative Plan Check Processing Fee 45,000 45,000 40,623 90.3% 81,000 3410-03 Building Plan Check Fees - Dark Sky 650,000 650,000 - 0.0% - 3411 Inspector Plan Check Fees 200,000 200,000 104,932 52.5% 210,000 3412 Geo Soils Engineering Fees 1,000,000 1,000,000 489,849 49.0% 980,000 3413 Other Plan Check Fees 35,000 35,000 29,938 85.5% 60,000 3414 Environmental Health Review Fees 550,000 550,000 278,121 50.6% 556,000 3415 Grading/Drainage Plan Review Fees 5,000 5,000 2,337 46.7% 5,000 3416 Code Enforcement Investigation Fees 80,000 80,000 53,555 66.9% 107,000 3419 Credit Card Fees 95,000 95,000 78,892 83.0% 140,000 3422 OWTS Practitioners Fees 8,000 8,000 550 6.9% 1,000 3425 CA Building Standards Surcharge 1,600 1,600 3,274 204.6% 7,000 3426 EIR Review Fees - - - 0.0% -
3427 Technology Enhancement Fee 95,000 95,000 77,243 81.3% 154,000 3431 Public Works/Engineering Fees 375,000 375,000 281,256 75.0% 563,000 3432 WQMP Fees 35,000 35,000 19,560 55.9% 39,000
3433 Banner Hanging Fees - - - 0.0% -
3434-01 Short-Term Rental Permit Fee 150,000 150,000 68,157 45.4% 136,000 3434-02 Short-Term Rental Violation Fines 2,000 2,000 1,300 65.0% 3,000 A1 Attachment #1

REVENUES BY FUND
December 31, 2023
Object Description
2023-24
Adopted
Amended
Budget
Received
12/31/2023
Percentage
Received
2023-24
Projected
General Fund (Continued)
3435 Admin Permit Processing Fees 75,000 75,000 58,231 77.6% 116,000 3436 Electric Vehicle Charger Fees 4,000 4,000 2,752 68.8% 6,000 3441 Sale of Publications and Materials 100 100 - 0.0% - 3444 Returned Check Service Fees 500 500 160 32.0% -
3446 Vehicle Impound Release Fees 75,000 75,000 60,552 80.7% 121,000 3447 Election Fees 1,000 1,000 - 0.0% -
3448 Subpoena Fees 1,000 1,000 1,850 185.0% 4,000
3449 False Alarm Service Charge 12,000 12,000 1,397 11.6% 3,000 3450 Residential Decals 1,000 1,000 220 22.0% -
3461 Municipal Facility Use Fees 80,000 80,000 42,325 52.9% 85,000 3464 Youth Sports Program 67,000 67,000 34,750 51.9% 70,000 3464-01 Girls Youth Sports 7,000 7,000 - 0.0% -
3466 Aquatics Program 220,000 220,000 78,132 35.5% 156,000 3467 Day Camp 75,000 75,000 12,134 16.2% 24,000
3468 Senior Adult Program 30,000 30,000 13,414 44.7% 27,000 3469 Skate Park 50,000 50,000 12,565 25.1% 25,000
3470 Recreation/Community Class Registration 95,000 95,000 34,149 35.9% 68,000 3471/3472 Special Events 7,500 7,500 3,067 40.9% 6,000
Revenue From Service Charges 5,582,700 5,582,700 2,588,987 46.4% 5,029,000 3501 Interest Earnings 2,529,000 2,529,000 970,942 38.4% 3,118,000 3505 City Hall Use Fees 20,000 20,000 8,843 44.2% 20,000 Use of Money and Property 2,549,000 2,549,000 979,785 38.4% 3,138,000 3600 Proceeds from Grants - - 14,813 0.0% 500,000
3602 Proposition A Transportation Funds Exchange - - - 0.0% - 3901 Settlements 2,000 554,467 552,467 99.6% 554,467
3902 Legal Fees - - - 0.0% -
3904 TOT Private Rental Penalties 25,000 25,000 (3,641) -14.6% 25,000 3905 Miscellaneous Reimbursements 25,000 25,000 (9,271) -37.1% 25,000 3920 Donations 5,000 5,000 - 0.0% 5,000
3940 Sale of Surplus Property 1,000 1,000 362 36.2% 1,000 3930/3943 Miscellaneous Revenue 7,500 7,500 3,181 42.4% 7,500 Miscellaneous Revenue 65,500 617,967 557,911 90.3% 1,117,967 Total General Fund 57,044,468 57,596,935 21,302,898 37.0% 59,448,735 Special Revenue Funds
201 Gas Tax Fund
3315 Highway User's Fees 309,286 309,286 134,146 43.4% 309,286 3318 Traffic Congestion Relief - - - 0.0% -
3501 Interest Earnings 7,000 7,000 - 0.0% 7,000
Total Gas Tax Fund 316,286 316,286 134,146 42.4% 316,286 202 Traffic Safety Fund
3312 Fines & Forfeitures 200,000 200,000 87,965 44.0% 200,000 3501 Interest Earnings 10,000 10,000 - 0.0% 10,000
Total Traffic Safety Fund 210,000 210,000 87,965 41.9% 210,000 203 Proposition A Fund
3371 Prop A Funds 308,837 308,837 143,920 46.6% 308,837 3501 Interest Earnings 29,000 29,000 - 0.0% 29,000
Total Proposition A Fund 337,837 337,837 143,920 42.6% 337,837 204 Proposition C Fund
3372 Prop C Funds 256,172 256,172 119,434 46.6% 256,172 3501 Interest Earnings 9,000 9,000 - 0.0% 9,000
Total Proposition C Fund 265,172 265,172 119,434 45.0% 265,172 205 Measure R Fund
3374 Measure R Funds 192,129 192,129 89,492 46.6% 192,129 3501 Interest Earnings 9,000 9,000 - 0.0% 9,000
Total Measure R fund 201,129 201,129 89,492 44.5% 201,129 A2

REVENUES BY FUND
December 31, 2023
Object Description
2023-24
Adopted
Amended
Budget
Received
12/31/2023
Percentage
Received
2023-24
Projected
206 Air Quality Management Fund
3377 AQMD Funds 15,000 15,000 - 0.0% 15,000
3501 Interest Earnings 5,000 5,000 - 0.0% 5,000
3943 Other Revenue - - - 0.0% -
Total Air Quality Management Fund 20,000 20,000 - 0.0% 20,000 207 Solid Waste Management Fund
3311 Solid Waste Management Surcharge 120,000 120,000 19,841 16.5% 120,000 3434 Recycling Fees 17,500 17,500 6,868 39.2% 17,500
3501 Interest Earnings 3,000 3,000 - 0.0% 3,000
3600 Grant Proceeds 5,000 5,000 15,448 309.0% 5,000
Total Solid Waste Management Fund 145,500 145,500 42,157 29.0% 145,500 208 Parkland Development Fund
3135 Parkland Development Fees 20,000 20,000 9,695 48.5% 20,000 3501 Interest Earnings 5,000 5,000 - 0.0% 5,000
3905 Miscellaneous Reimbursements - - - 0.0% -
Total Park Development Fund 25,000 25,000 9,695 38.8% 25,000 209 Quimby Fund
3501 Interest Earnings 100 100 - 0.0% 100
Total Quimby Fund 100 100 - 0.0% 100
211 COPS (Brulte) Grant Fund
3600 Proceeds From Grants (Brulte) 165,000 186,159 168,910 90.7% 186,159 Total COPS (Brulte) Fund 165,000 186,159 168,910 90.7% 186,159 212 Measure M Funds
3375 Measure M Funds 217,746 217,746 84,238 38.7% 217,746 3501 Interest Earnings 16,000 16,000 - 0.0% 16,000
Total Measure M Fund 233,746 233,746 84,238 36.0% 233,746 213 Road Maintenance and Rehabilitation Act (RMRA) Fund 3319 SB1 Annual Allocation 265,471 265,471 89,185 33.6% 265,471 3501 Interest Earnings 15,000 15,000 - 0.0% 15,000
Total RMRA Fund 280,471 280,471 89,185 31.8% 280,471
214 Art in Public Places Fund
3135 Art in Public Places Fees - - - 0.0% -
3501 Interest Earnings 1,000 1,000 - 0.0% 1,000
Total Art in Public Places Fund 1,000 1,000 - 0.0% 1,000 215 Community Development Block Grant Fund
3320/3320-01 Proceeds From Grants 66,000 66,000 15,628 23.7% 66,000 3600-01 Proceeds From Grants - Disaster Recovery - - - 0.0% - Total Comm. Dev. Block Grant Fund 66,000 66,000 15,628 23.7% 66,000 218 Measure W - LA County Stormwater Fund
3379 Measure W Annual Allocation 390,000 390,000 - 0.0% 390,000 3501 Interest Earnings 30,000 30,000 - 0.0% 30,000
Total Measure W - LA County Stormwater 420,000 420,000 - 0.0% 420,000 225 Grants Fund
3376 TDA 12,509 12,509 - 0.0% 12,509
3600 Proceeds From Grants 12,989,000 12,989,000 (190,060) -1.5% 12,989,000 Total Grants Fund 13,001,509 13,001,509 (190,060) -1.5% 13,001,509 290 Big Rock LMD Fund
3116 Big Rock Mesa Assessment 356,470 356,470 148,234 41.6% 356,470 3501 Interest Earnings 3,000 3,000 - 0.0% 3,000
Total Big Rock LMD Fund 359,470 359,470 148,234 41.2% 359,470 Special Revenue Funds (Continued)
A3

REVENUES BY FUND
December 31, 2023
Object Description
2023-24
Adopted
Amended
Budget
Received
12/31/2023
Percentage
Received
2023-24
Projected
291 Malibu Road LMD Fund
3116 Malibu Road Assessment 62,356 62,356 25,800 41.4% 62,356 3501 Interest Earnings 3,000 3,000 - 0.0% 3,000
Total Malibu Road LMD Fund 65,356 65,356 25,800 39.5% 65,356 292 Calle Del Barco LMD Fund
3116 Calle Del Barco Assessment 87,050 87,050 35,061 40.3% 87,050 3501 Interest Earnings 3,000 3,000 - 0.0% 3,000
Total Calle Del Barco LMD Fund 90,050 90,050 35,061 38.9% 90,050 715 Civic Center Water Treatment Facility AD
3501 Interest Earnings 97,000 97,000 77,134 79.5% 97,000 3915 Civic Center Water Treatment Facility AD 2,587,519 2,587,519 834,134 32.2% 2,587,519 Total Civic Ctr Water Treatment Facility AD 2,684,519 2,684,519 911,268 33.9% 2,684,519 517 Civic Center Water Treatment Facility - Phase Two
3501 Interest Earnings 49,000 49,000 - 0.0% 49,000
3950 CCWTF - Phase Two Construction - Bond Proceeds - - - 0.0% - 2080 CCWTF - Phase Two Contributions - - - 0.0% -
Total Civic Ctr Water Treatment Facility AD 49,000 49,000 - 0.0% 49,000 712 Carbon Beach Undergrounding CFD Fund
3915 Carbon Beach Undergrounding Assessment 236,032 236,032 97,350 41.2% 236,032 3501 Interest Earnings 7,000 7,000 5 0.1% 7,000
Total Carbon Beach Undergrounding CFD 243,032 243,032 97,355 0.0% 243,032 713 Broad Beach Assessment District
3915 Broad Beach Undergrounding Assessment 141,710 141,710 57,971 40.9% 141,710 3501 Interest Earnings 3,000 3,000 3,087 102.9% 3,000
Total Broad Beach Undergrounding AD 144,710 144,710 61,058 42.2% 144,710 19,324,887 19,346,046 2,073,486 10.7% 19,346,046
500 Legacy Park Project Fund
3501 Interest Earnings 31,000 31,000 4,987 16.1% 31,000 3505 Proceeds from Rent 1,611,534 1,611,534 777,293 48.2% 1,611,534 3373 Prop A Recreation - - - 0.0% -
3383 Measure A Recreation - - - 0.0% -
3905 Miscellaneous Revenue 150,000 150,000 15,323 10.2% 150,000 Total Legacy Park Project Fund 1,792,534 1,792,534 797,603 44.5% 1,792,534 Total Legacy Park Project Fund 1,792,534 1,792,534 797,603 44.5% 1,792,534 515 Civic Center Wastewater Treatment Facility O&M
3501 Interest Earning 32,000 32,000 - 0.0% 32,000
3510 Sewer Service Fees 2,300,000 2,300,000 835,170 36.3% 2,300,000 3915 Contributions-Property Owners - - - 0.0% -
Total CCWTF O&M 2,332,000 2,332,000 835,170 35.8% 2,332,000 Total CCWTF O&M Funds 2,332,000 2,332,000 835,170 35.8% 2,332,000 Special Revenue Funds (Continued)
Total Special Revenue Funds
A4

REVENUES BY FUND
December 31, 2023
Object Description
2023-24
Adopted
Amended
Budget
Received
12/31/2023
Percentage
Received
2023-24
Projected
601 Vehicle Fund
3501 Interest Earnings 4,000 4,000 - 0.0% 4,000
3951 Vehicle Charges 120,000 120,000 60,000 50.0% 120,000 Total Vehicle Fund 124,000 124,000 60,000 0.0% 124,000
602 Information Technology Fund
3501 Interest Earnings 1,000 1,000 - 0.0% 1,000
3952 Information Technology Charges 1,159,596 1,159,596 579,798 50.0% 1,159,596 Total Information Technology Fund 1,160,596 1,160,596 579,798 50.0% 1,160,596 Total Internal Service Funds 1,284,596 1,284,596 639,798 49.8% 1,284,596 Total Revenue - All Funds $ 81,778,485 $ 82,352,111 $ 25,648,955 31.1% 84,203,911 $ Total 2023-24 Adopted budget: $ 81,778,485
Account Description Amount
100-0000-3901-00 Southern California Edison Settlement Interest Settlement Reimb Budget Adjustment 552,467 211-0000-3600-00 COPS (Brulte) Grant Proceeds Proceeds from Grants 21,159 Budget Adjustment Total Amendments 573,626
Total Amendment Budget $ 82,352,111
Internal Service Funds
Reconciliation of adopted to amended budget
A5
Adopted Budget Amended
Budget (1) YTD Actual % Spent 2023-24
Projected
General Fund
Management and Administration
7001 City Council 781,012 $ 1,134,112 $ 438,685 $ 38.7% 877,000 $ 7002 Media Operations 785,244 900,744 252,480 28.0% 505,000 7003 City Manager 1,097,382 1,097,382 514,340 46.9% 1,029,000 7005 Legal Counsel 1,078,000 1,078,000 375,675 34.8% 841,000 7054 Finance 1,886,629 1,886,629 686,089 36.4% 1,792,000 7058 Human Resources 916,637 916,637 246,013 26.8% 700,000 7059 Non Departmental Services 4,187,976 4,187,976 1,880,677 44.9% 3,761,000 103-9050 City Hall 1,290,150 1,290,150 656,391 50.9% 1,313,000 9088 Vacant Land 302,675 302,675 16,914 5.6% 302,675
9050/9074/9088 Debt Service (City Hall / Trancas / Vacant Land) 3,184,151 3,184,151 2,133,238 67.0% 3,184,151 Total Administrative Services 15,509,856 15,978,456 7,200,502 45.1% 14,304,826 City Clerk
7007 City Clerk 605,946 639,946 253,805 39.7% 508,000
Total City Clerk 605,946 639,946 253,805 39.7% 508,000
Public Safety
7021 Public Safety Services 16,388,082 16,388,082 4,864,655 29.7% 14,388,000 Total Public Safety 16,388,082 16,388,082 4,864,655 29.7% 14,388,000 Community Services
4001 General Recreation 914,757 914,757 309,163 33.8% 618,000 4002 Aquatics 476,168 476,168 151,893 31.9% 304,000
4003 Outdoor Recreation 50,445 50,445 18,375 36.4% 37,000 4004 Day Camps 136,614 136,614 72,759 53.3% 146,000
4005 Skate Park 192,362 192,362 115,215 59.9% 230,000
4006 Sports 139,460 139,460 45,543 32.7% 91,000
4007 Community Programs 155,807 155,807 56,996 36.6% 114,000 4008 Senior Adult Programs 222,323 222,323 87,231 39.2% 174,000 4010 Park Maintenance 1,740,604 1,740,604 565,980 32.5% 1,132,000 4011 Special Events 220,150 220,150 83,492 37.9% 167,000 4012 Cultural Arts 264,482 264,482 67,895 25.7% 136,000 Total Community Services 4,513,172 4,513,172 1,574,542 34.9% 3,149,000 Environmental & Sustainability Development
2004 Environmental & Building Safety 5,658,908 5,658,908 1,394,830 24.6% 4,810,000 2010 Wastewater Management 596,103 596,103 269,528 45.2% 584,000 3003 Clean Water Program 1,474,830 1,474,830 365,816 24.8% 1,032,000 3004 Solid Waste Management 334,552 334,552 176,335 52.7% 353,000 Total Env. & Community Development 8,064,393 8,064,393 2,206,509 27.4% 6,779,000 Planning Deparment
2001 Planning 4,850,158 5,137,158 1,759,788 34.3% 3,520,000 2012 Code Enforcement 838,804 838,804 309,455 36.9% 619,000 Total Planning Department 5,688,962 5,975,962 2,069,243 34.6% 4,139,000 Public Works/Engineering
3001 Street Maintenance 1,653,808 1,703,808 935,455 54.9% 1,871,000 3005 Fleet Operations 335,000 335,000 49,634 0.0% 335,000 3007 City Facilities 126,300 126,300 48,016 38.0% 96,000 3008 Public Works 2,068,830 2,178,330 728,720 33.5% 1,457,000 Total Public Works 4,183,938 4,343,438 1,761,825 40.6% 3,759,000 Disaster Response
3002 Fire Rebuilds and Storm Response 1,915,800 1,915,800 449,822 23.5% 1,915,800 9200 Woolsey Fire & Storm Response CIP Projects 2,774,266 3,637,816 18,232 0.5% 3,637,816 Total Disaster Response 4,690,066 5,553,616 468,054 8.4% 5,553,616 General Fund CIP
9000 General Fund Reserved for CIP 8,560,528 8,660,628 - 0.0% 8,660,628 9000 Case Crummer Reserved for CIP 327,472 347,480 - 0.0% 347,480 Total General Fund CIP 8,888,000 9,008,108 - 0.0% 9,008,108 Total General Fund 68, 70,465,173 532,415 20,399,135 28.9% 61,588,550 (1) The amended budget column includes the original budget amount plus encumbrance carryovers and any additional appropriations.

EXPENDITURES BY FUND
December 31, 2023
A6

EXPENDITURES BY FUND
December 31, 2023
Adopted Budget Amended
Budget (1) YTD Actual % Spent 2023-24
Projected
Special Revenue Funds
3001 Street Maintenance 760,000 760,000 - 0.0% 760,000
3003 Clean Water Program 90,467 90,467 - 0.0% 90,467
3004 Solid Waste Management 150,000 150,000 - 0.0% 150,000 3005 Fleet Operations - - - 0.0% -
3007 Stormwater Treatment Facilities 100,000 100,000 - 0.0% 100,000 3008 Public Works 345,000 345,000 - 0.0% 345,000
3009 Transportation Services 196,500 196,500 18.7% 196,500 36,686 4010 Park Maintenance - - - 0.0% -
6002 Big Rock Mesa LMD 370,519 370,519 125,199 33.8% 370,519 6003 Malibu Road LMD 77,442 77,442 44.8% 77,442 34,701
6004 Calle del Barco LMD 83,632 83,632 31.8% 83,632 26,636 9048 Carbon Beach Undergrounding CFD 235,173 235,173 175,600 74.7% 235,173 9052 Broad Beach Undergrounding AD 143,168 143,168 67.5% 143,168 96,692 9049 Civic Center Wastewater Treatment Plant AD 2,316,716 2,316,716 1,925,912 83.1% 2,316,716 7021 Public Safety 165,000 186,159 48.7% 186,159 90,671 7070 Community Development Block Grant 101,100 101,100 44.0% 101,100 44,483 CCWTF Phase Two - - - 0.0% -
Total Special Revenue Funds 5,134,717 5,155,876 2,556,580 49.6% 5,155,876 Capital Project Funds
310 Capital Improvement Fund
9002 Annual Street Overlay 2,184,000 2,196,000 0.1% 2,196,000 3,252 9059 PCH Median Improvements 4,490,000 4,490,000 0.1% 4,490,000 3,105 9065 MCLE Office Trailer - - 0.0% 4,625 -
9066 PCH Signal Synchronization Imp. 7,100,000 7,100,000 396,389 5.6% 7,100,000 9075 Civic Center Way Treatment Facility Ph 2 - - 19,857 0.0% - 9078 City Hall Solar Power 4,000,000 4,000,000 - 0.0% 4,000,000 9082 Westward Beach Road 320,000 350,000 312 0.1% 350,000 9090 Permanent Skate Park 1,066,000 1,156,108 258 0.0% 1,156,108 9097 Malibu Bluffs Park South Walkway 130,000 127,900 2.3% 127,900 2,900 9098 Trancas Cyn Park Play Resurfacing 95,000 95,000 - 0.0% 95,000 9100 PCH/Trancas Right Turn Lane 531,000 531,000 0.3% 531,000 1,404 9101 PCH Crosswalk Improvements 200,000 200,000 - 0.0% 200,000 9102 PCH Median Imp at Paradise Cove/Zuma 100,000 100,000 - 0.0% 100,000 9103 Kanan Dume Biofilter 500,000 500,000 - 0.0% 500,000 9104 Stormdrain Trash Screens - Phase 2 - - 0.0% 9,101 - 9105 City Traffic Signals Backup Power 50,000 50,000 - 0.0% 50,000 9106 Malibu Canyon Road Traffic Study 108,000 108,000 30.9% 108,000 33,386 9108 Harbor Vista Curb Return Modifications 100,000 100,000 - 0.0% 100,000 9109 PCH at Las Flores & Rambla Pacifico 160,000 160,000 - 0.0% 160,000 9110 Encinal Canyon 60" Storm Drain Repairs 1,000,000 1,000,000 - 0.0% 1,000,000 9111 Citywide Asphalt Concrete Berm Repairs 300,000 300,000 - 0.0% 300,000 9112 Bluffs & Equestrian Park Roof Replacements 400,000 400,000 - 0.0% 400,000 9113 Legacy Park Benches & Arbors 150,000 150,000 318 0.2% 150,000 CIP General Fund Expenses (funding offset) (8,560,528) (8,660,628) - 0.0% (8,660,628) CIP Case Crummer Reserve (funding offset) (327,472) (347,480) - 0.0% (347,480) Total Capital Project Funds 14,096,000 14,105,900 474,907 3.4% 14,105,900 A7

EXPENDITURES BY FUND
December 31, 2023
Adopted Budget Amended
Budget (1) YTD Actual % Spent 2023-24
Projected
Legacy Park Project Fund
500 7004 Legacy Park Debt Service 1,092,001 1,092,001 149,364 13.7% 1,092,001 7008 Legacy Park Operations 991,837 991,837 372,461 37.6% 991,837 Total Legacy Park Project Fund 2,083,838 2,083,838 521,825 25.0% 2,083,838 Civic Center Wastewater Treatment Facility Fund
515 3010 CCWTF Sewer Services 2,064,976 2,064,976 1,005,079 48.7% 2,064,976 Total CCWTF Fund 2,064,976 2,064,976 1,005,079 48.7% 2,064,976 Internal Service Funds
3005 Vehicle 84,000 156,000 32,056 20.5% 156,000
7060 Information Technology 1,204,410 1,204,410 482,409 40.1% 1,204,410 Total Internal Service Funds 1, 1,360,410 288,410 514,465 37.8% 1,360,410 $ Total All Funds 93, $ 95,236,173 200,356 $ 25,471,991 $ 26.7% 86,359,550 $ (1) The amended budget column includes the original budget amount plus encumbrance carryovers and any additional appropriations.

A8

EXPENDITURES BY FUND
December 31, 2023
Reconciliation of adopted to amended budget
Total 2023-24 Adopted budget: $ 93,200,356
Account Description Project Amount Comment Date
101-2001-5100-00 Planning - Professional Services Contract Planners 287,000 Budget Carryover 7/1/2023 100-7021-5100-00 Public Safety - Equipment Beacon Boxes 34,000 Budget Carryover 7/1/2023 100-3001-5100-00 Public Works - Street Maintenance Maint Yard Site Plan 5,000 Budget Carryover 7/1/2023 100-3001-5120-00 Public Works - Street Maintenance Morning View Dr Maint 45,000 Budget Carryover 7/1/2023 100-3008-5100-00 Public Works - Professional Services Multiple Projects 69,000 Budget Carryover 7/1/2023 100-3008-5125-00 Public Works - Traffic Engineering Services Multiple Projects 40,500 Budget Carryover 7/1/2023 310-9002-7901-00 CIP 9002 - Annual Street Overlay Morning View Resurfacing 12,000 Budget Carryover 7/1/2023 310-9082-5100-00 CIP 9082 - Westward Beach Road Improvement General Fund CIP Designation 30,000 Budget Carryover 7/1/2023 310-9089/90-5100 CIP 9090 - Permanent Skate Park Case Crummer CIP Designation 20,008 Budget Carryover 7/1/2023 310-9090-5100-00 CIP 9090 - Permanent Skate Park General Fund CIP Designation 70,100 Budget Carryover 7/1/2023 310-9097-5100-00 CIP 9097 - Bluffs Park South Walkway Walkway repairs (5,000) Budget Carryover 7/1/2023 310-9097-5100-00 CIP 9097 - Bluffs Park South Walkway Walkway repairs 2,900 Budget Carryover 7/1/2023 601-3005-7700-00 Vehicle Fleet Operations - Vehicles New Fleet Vehicles 72,000 Budget Carryover 7/1/2023 100-7002-5100-00 Media Operations - Professional Services Video Broadcast Services 115,500 Council Appropriation 10/23/2023 102-9209-5100-00 CIP 9209 - Trancas Cyn Prk Slope Repairs CIP 9209 - GF Reserve 863,550 Council Appropriation 10/23/2023 102-9209-5100-00 CIP 9209 - Trancas Cyn Prk Slope Repairs CIP 9209 - JPIA Reimb 254,105 Council Appropriation 10/23/2023 102-9215-5100-00 CIP 9215 - Broad Beach Rd Water Quality Imp CIP 9215 - JPIA Reimb (254,105) Council Appropriation 10/23/2023 100-7001-5930-02 City Council - Community Grants Malibu Education Foundation 353,100 Council Appropriation 1/22/2024 101-2001-4101-00 Planning - Current/Advanced Planning Full-time Salaries (60,000) Budget Correction 12/31/2023 101-2001-4104-00 Planning - Current/Advanced Planning Overtime 60,000 Budget Correction 12/31/2023 100-7021-5115-00 Public Safety - LA County Sheriff's Services Trsfer budget to 5106/7800/5100 (156,000) Budget Correction 12/31/2023 100-7021-5106-00 Public Safety - Animal Control Services Long-term care of animals 94,000 Budget Correction 12/31/2024 100-7021-7800-00 Public Safety - Equipment LIDAR Guns 42,000 Budget Correction 12/31/2024 100-7021-5100-00 Public Safety - Professional Services COG Hazard Mitigation Plan 20,000 Budget Correction 12/31/2024 211-7021-5115-00 Special Revenue Fund - L.A. County Sheriff COPS (Brulte) Grant 21,159 Budget Correction 10/31/2023 2,035,817
Total 2023-24 Current Amended Budget: $ 95,236,173
A9
FISCAL YEAR 2023-24 PROPOSED BUDGET AMENDMENTS
Account Description Amount Detail

REVENUE
TOTAL ADOPTED REVENUE BUDGET 82,352,111 $
101-0000-3600-00 General Fund - Grant Proceeds 50,000 $ Bldg Safety & Sustainability - SCG Grant - Coastal Vulnerability Total General Fund Revenue 50,000
207-0000-3600-00 Solid Waste Management Fund - Grant Proceeds 75,000 Solid Waste Management - SB 1383 Local Assist Grant Prog Total Solid Waste Management Fund 75,000
225-0000-3376-00 Grants Fund - Grant Proceeds 10,561 TDA Grants Fund - CIP 9097 Bluffs Park South Walkway Total Solid Waste Management Fund 10,561
Total Proposed Revenue Budget $ 82,487,672

EXPENDITURES
TOTAL ADOPTED EXPENDITURE BUDGET 95,236,173
Total Adopted General Fund Expenditures 70,465,173
General Fund
100-3001-5123-00 Public Works - Street Maintenance - Storm Response 200,000 Additional response due to ongoing storms and PSPS events 100-3001-5127-00 Public Works - Street Maintenance - Weed Abatement 50,000 Additional weed abatement required due to excessive rains 100-3001-6160-00 Public Works - Street Maintenance - Operating Supplies 20,000 To replace Pt. Dume Neighborhood timbers damaged by rains 100-3001-7800-00 Public Works - Street Maintenance - Equipment 210,000 To replace citywide trash receptacles and damaged CMS Signs 100-4001-4102-00 Community Services - Part-time Salaries 200,000 To convert PT Positions for employee retention 100-4001-7800-00 Community Services - Equipment 120,000 New pool office trailer to replace damaged/deteriorating facility 100-7021-5401-00 Public Safety - Advertising & Noticing 10,000 Public notification of Public Safety events and CERT programming 101-2001-5100-00 Planning - Professional Services 213,000 Contract Planners to augment staff shortage 101-2001-5100-01 Planning - Coastal Development Permit Services 15,000 To fund Biological Peer Reviews 101-2001-5401-00 Planning - Advertising & Noticing 15,000 Public Noticing Projects (Housing Element / ADU) Proposed Amended General Fund Expenditures 1,053,000
Capital Improvement Project Fund
310-9098-5100-00 CIP 9098 - Trancas Park Playground Resurfacing Project 135,000 Bids exceeded FY 2023-24 Adopted Budget 310-9114-5100-00 CIP 9114 - PCH Pedestrian Undercrossing at Malibu Seafood New CIP Project designation 250,000 Proposed CIP Fund Expenditures 385,000
CCWTF Operations Fund
515-3010-5640-00 Civic Center Wastewater Treatment Facility - Equip Maint 9,000 Pump Replacement at water treatment facility Proposed Amended CCWTF Operations Fund Expenditures 9,000 Internal Service Fund
601-3005-7700-00 Public Works - Vehicle Fleet Operations 20,000 New Fleet Vehicles Proposed Internal Service Fund Expenditures 20,000
TOTAL PROPOSED AMENDMENTS - ALL FUNDS 1,467,000
TOTAL AMENDED EXPENDITURE BUDGET (all funds) $ 96,703,173 A10

PROJECTED FUND BALANCES
December 31, 2023
Budget Revenues Expenditures Transfers Fund Balance Non-Current/ Budget Fund Balance Projected Projected Budgeted Projected Unavailable Fund Balance FUND July 1, 2023 6/30/2024 6/30/2024 2023-24 June 30, 2024 Revenue June 30,2024 General Fund - Undesignated 70,304,116 $ 57,284,645 $ 47,028,926 $ (12,645,924) $ 67,913,911 $ - $ $ 67,913,911 General Fund - Designated for Contingencies 6,500,000 - - - 6,500,000 - 6,500,000 General Fund - Designated for CIPs 1,318,528 - 8,658,528 8,660,628 1,320,628 - 1,320,628 General Fund - SCE Settlement Woolsey Fire 6,710,988 - - - 6,710,988 - 6,710,988 Designated for Deferred Maintenance 1,078,510 - - - 1,078,510 - 1,078,510 Designated for Case (Crummer) Parcel 347,479 - 347,480 347,480 347,479 - 347,479 Designated for Water Quality Settlement 51,142 - - - 51,142 - 51,142 Designated for Housing Element Program 194,140 - - - 194,140 - 194,140 Designated for City Facilities - La Paz 500,000 - - - 500,000 - 500,000 Designated for FEMA Disaster Projects & CIP 505,324 2,164,090 5,553,616 3,637,816 753,614 - 753,614 Designated for American Rescue Plan - - - - - - -
Total General Fund 87,510,227 59,448,735 61,588,550 - 85,370,412 - 85,370,412 201 Gas Tax Fund 2,384 316,286 300,000 - 18,670 - 18,670 202 Traffic Safety Fund 207,405 210,000 200,000 - 217,405 - 217,405 203 Proposition A Fund 930,857 337,837 196,500 - 1,072,194 - 1,072,194 204 Proposition C Fund 295,850 265,172 65,000 (225,000) 271,022 - 271,022 205 Measure R Fund 224,683 201,129 100,000 (120,000) 205,812 - 205,812 206 Air Quality Management Fund 152,038 20,000 - - 172,038 - 172,038 207 Solid Waste Management Fund 6,534 145,500 150,000 - 2,034 - 2,034 208 Parkland Development In-Lieu Fund 161,662 25,000 - - 186,662 - 186,662 209 Quimby Fund 3,960 100 - - 4,060 - 4,060
211 COPS Brulte Grant Fund - 186,159 186,159 - - - -
212 Measure M Fund 368,617 233,746 140,000 (24,000) 438,363 - 438,363 213 RMRA (SB1) Fund 576,956 280,471 - (550,000) 307,427 - 307,427 214 Art in Public Places In-Lieu Fund 36,888 1,000 - - 37,888 - 37,888 215 Community Development Block Grant Fund - 66,000 101,100 - (35,100) - (35,100) 218 Measure W LA County Stormwater 537,292 420,000 190,467 (500,000) 266,825 - 266,825 225 Grants Fund - 13,001,509 300,000 (12,686,900) 14,609 (14,609) - 290 Big Rock LMD 111,500 359,470 370,519 - 100,451 - 100,451 291 Malibu Road LMD 54,917 65,356 77,442 - 42,831 - 42,831 292 Calle Del Barco LMD 90,719 90,050 83,632 - 97,137 - 97,137 712 Carbon Beach Undergrounding CFD 501,641 243,032 235,173 - 509,500 - 509,500 713 Broad Beach Assessment District 275,824 144,710 143,168 - 277,366 - 277,366 715 CCWTF AD Phase One 7,530,468 2,684,519 2,316,716 - 7,898,271 - 7,898,271 517 CCWTF Phase Two 358,738 49,000 - - 407,738 - 407,738 Total Special Revenue Funds 12,428,933 19,346,046 5,155,876 (14,105,900) 12,513,203 (14,609) 12,498,594 Capital Improvements Fund - - 14,105,900 14,105,900 - - - Total Capital Improvement Funds - - 14,105,900 14,105,900 - - - Legacy Park Project Fund 846,714 1,792,534 2,083,838 - 555,410 - 555,410 Total Legacy Fund 846,714 1,792,534 2,083,838 - 555,410 - 555,410 Civic Center Wastewater Treatment Facility 346,849 2,332,000 2,064,976 - 613,873 - 613,873 Total Civic Center Wastewater Treatment Fac. 346,849 2,332,000 2,064,976 - 613,873 - 613,873 Vehicle 267,104 124,000 156,000 - 235,104 - 235,104
Information Technology 82,540 1,160,596 1,204,410 - 38,726 - 38,726 Total Internal Service Funds 349,644 1,284,596 1,360,410 - 273,830 - 273,830 Total All Funds $ 101,482,367 $ 84,203,911 $ 86,359,550 $ - $ 99,326,728 $ (14,609) $ 99,312,119 A11
RESOLUTION NO. 24-03

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2023-2024
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Since the adoption of the 2023-2024 annual budget on June 26, 2023, the City has determined that additional revenue and expenditure adjustments are necessary, which require amending the Adopted Budget for Fiscal Year 2023-2024.

SECTION 2. The 2023-2024 annual budget is hereby amended as shown in Exhibit A. The 2023- 2024 annual budget adopted June 26, 2023, by resolution No. 23-30 as modified by Exhibit A shall be the official municipal budget for the City of Malibu.

SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this 12th day of February 2024. _____________________________
STEVE UHRING, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
_________________________________
TREVOR RUSIN, Interim City Attorney
Attachment #2
Resolution No. 24-03

_____________________

EXHIBIT A
FISCAL YEAR 2023-24 PROPOSED BUDGET AMENDMENTS
Account Description Amount Detail

REVENUE
TOTAL ADOPTED REVENUE BUDGET $ 82,352,111
101-0000-3600-00 General Fund - Grant Proceeds $ 50,000 Bldg Safety & Sustainability - SCG Grant - Coastal Vulnerability Total General Fund Revenue 50,000
207-0000-3600-00 Solid Waste Management Fund - Grant Proceeds 75,000 Solid Waste Management - SB 1383 Local Assist Grant Prog Total Solid Waste Management Fund 75,000
225-0000-3376-00 Grants Fund - Grant Proceeds 10,561 TDA Grants Fund - CIP 9097 Bluffs Park South Walkway Total Solid Waste Management Fund 10,561
Total Proposed Revenue Budget $ 82,487,672

EXPENDITURES
TOTAL ADOPTED EXPENDITURE BUDGET 95,236,173
Total Adopted General Fund Expenditures 70,465,173
General Fund
100-3001-5123-00 Public Works - Street Maintenance - Storm Response 200,000 Additional response due to ongoing storms and PSPS events 100-3001-5127-00 Public Works - Street Maintenance - Weed Abatement 50,000 Additional weed abatement required due to excessive rains 100-3001-6160-00 Public Works - Street Maintenance - Operating Supplies 20,000 To replace Pt. Dume Neighborhood timbers damaged by rains 100-3001-7800-00 Public Works - Street Maintenance - Equipment 210,000 To replace citywide trash receptacles and damaged CMS Signs 100-4001-4102-00 Community Services - Part-time Salaries 200,000 To convert PT Positions for employee retention 100-4001-7800-00 Community Services - Equipment 120,000 New pool office trailer to replace damaged/deteriorating facility 100-7021-5401-00 Public Safety - Advertising & Noticing 10,000 Public notification of Public Safety events and CERT programming 101-2001-5100-00 Planning - Professional Services 213,000 Contract Planners to augment staff shortage 101-2001-5100-01 Planning - Coastal Development Permit Services 15,000 To fund Biological Peer Reviews 101-2001-5401-00 Planning - Advertising & Noticing 15,000 Public Noticing Projects (Housing Element / ADU) Proposed Amended General Fund Expenditures 1,053,000
Capital Improvement Project Fund
310-9098-5100-00 CIP 9098 - Trancas Park Playground Resurfacing Project 135,000 Bids exceeded FY 2023-24 Adopted Budget 310-9114-5100-00 CIP 9114 - PCH at Big Rock and 20356 PCH 250,000 New CIP Project designation Proposed CIP Fund Expenditures 385,000
CCWTF Operations Fund
515-3010-5640-00 Civic Center Wastewater Treatment Facility - Equip Maint 9,000 Pump Replacement at water treatment facility Proposed Amended CCWTF Operations Fund Expenditures 9,000 Internal Service Fund
601-3005-7700-00 Public Works - Vehicle Fleet Operations 20,000 New Fleet Vehicles Proposed Internal Service Fund Expenditures 20,000
TOTAL PROPOSED AMENDMENTS - ALL FUNDS 1,467,000
TOTAL AMENDED EXPENDITURE BUDGET (all funds) $ 96,703,173 RESOLUTION NO. 24-04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
RESCINDING SECTION 2 OF RESOLUTION NO. 23-38 AND APPROVING

THE AUTHORIZED POSITIONS AND SALARY RANGES FOR FISCAL
YEAR 2023-2024 AND APPROVING THE RECREATION ASSISTANT II JOB

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

SECTION 1. On June 26, 2023, the City Council adopted Resolution No. 23-32 approving the Authorized Position and Salary Ranges for Fiscal Year 2023-2024.

SECTION 2. On August 28, 2023, the City Council adopted Resolution 23-38 rescinding Resolution 23-32 and adopting changes to the Authorized Positions and Salary Ranges for Fiscal Year 2023-2024.

SECTION 3. Since August 28, 2023, changes to the Authorized Positions and Salary Ranges for Fiscal Year 2023-2024 are needed.

SECTION 4. Section 2 of Resolution 23-38 is herby rescinded.

SECTION 5. The Recreation Assistant II Job Specifications, as set forth in Exhibit A, is hereby approved.

SECTION 6. The City Council has reviewed the updated Authorized Positions and Salary Ranges for Fiscal Year 2023-2024 as set forth in Exhibit B.

SECTION 6. The Authorized Positions and Salary Ranges for Fiscal Year 2023-2024 incorporated by this reference are hereby approved.

SECTION 7. The City Manager has the authority to increase a salary range as needed for authorized positions that are required to be on call for emergency services by a maximum of three percent.

SECTION 8. This resolution shall become effective on February 12, 2024.

SECTION 9. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this 12th day of February 2024. _____________________________
STEVE UHRING, Mayor
ATTEST:
_________________________________ Attachment #3
Resolution No. 24-04

_____________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
_________________________________
TREVOR RUSIN, Interim City Attorney
Resolution No. 24-04

_____________________

EXHIBIT A
Resolution No. 24-04

_____________________
Resolution No. 24-04

_____________________
Resolution No. 24-04

_____________________
Resolution No. 24-04

_____________________
Resolution No. 24-04

_____________________
Resolution No. 24-04

_____________________
Resolution No. 24-04

_____________________

EXHIBIT B
Resolution No. 24-04

_____________________
Resolution No. 24-04

_____________________
Resolution No. 24-04

_____________________
Resolution No. 24-04

_____________________
Resolution No. 24-04

_____________________

Agenda Item # 6.C.

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 22, 2024 Meeting date: February 12, 2024 Subject: Malibu Little League Fee Waiver
RECOMMENDED ACTION: Consider whether to approve the request from Malibu Little League to waive the field use and snack shack equipment rental fees for the 2024 baseball and softball season.

FISCAL IMPACT: Waiving the facility use fees will result in a loss of revenue of estimated at $34,000, for FY 2023-24 in Account Number 100-0000-3461-00 (Municipal Facility Use Fees). Facility rentals generate revenue for the City, and waiving these associated fees limits potential revenue.

Funding for the snack shack equipment rental was not included in the Adopted Budget for FY 2023-24, requiring an expense of $2,000 in Account Number 100-4010-5710-00 (Park Maintenance – Facilities Rent).

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

DISCUSSION: Malibu Little League (MLL) is Malibu’s primary youth baseball and softball sports league and has used field space at Malibu Bluffs Park before the City’s incorporation in 1991. MLL is a parent-led volunteer organization that abides by local by-laws approved by Little League International. The organization invests in Malibu Bluffs Park infrastructure and fields and has worked with the City to improve park amenities such as extending the batting cages, assembling the soft toss bays, and upgrading the infield turf. Since 2015, MLL has increased participation by 112 players. In 2023, MLL had 275 players, of which 82% were Malibu residents.

City Council Meeting
02-12-24
Item

6.C.

Agenda Item # 6.C.

During the 2024 season, MLL anticipates over sixteen teams will use Malibu Bluffs Park for weekly team practices and bi-weekly games for 250 baseball and softball players. To provide space for all teams to practice, MLL will install two temporary backstops on the multipurpose field from late February through the beginning of June.

Since 2012, the City and Malibu Little League have entered into a Community Use Agreement, which outlined the responsibilities of the League and City. MLL provides a sports league that would otherwise be offered by the City; hence, the City has waived the facility use fees related to league practices and game play.

In January 2024, MLL submitted a facility use application and fee waiver, requesting the City to continue to offer a 100% fee waiver. The request includes use of Malibu Bluffs Park Pony Baseball Field, Major Baseball Field, Multipurpose Field, and Snack Shack, with the addition of equipment rentals to operate the Snack Shack.

The facility rental fees include:

Type Non-Profit Rate
Pony Baseball Field $11,574
Major Baseball Field $11,574
Multipurpose Field $8,171
Total $31,319
Snack Shack equipment rental:

Equipment Fees
Sink Rental Fee $2,000
Staff anticipates there will be fluctuations in the facility use schedule, therefore the fee waiver request increased to $34,000.

ATTACHMENTS: 1) Malibu Little League Fee Waiver Letter
2) Malibu Little League Financial Documents
Attachment #1
Malibu Little League FY 2024 BUDGET
Income
Registration Fees - Baseball 100,000
Registration Fees - Softball
Registration Fees - Teeball
Registration Fees - Fall Ball 17,500
Team Sponsorship 55,000
Fundraiser/Donations
City of Malibu Contribution
All Star Uniforms Reimbursement from Parents 4,500
Sportswear Sales 8,500
Snack Shack 10,000
AYSO Contribution
Pony Contribution
Bank Interest
Total Income 195,500$
Administrative Expenses
Accounting 2,500
Little League Tournament Fees & District 25 Assessment 2,000 Fundraising Expenses -
Insurance and LL Charter 4,000
Fees for Softball Tournament -
Merchant Services Fee -
PO Box 225
Supplies 350
City Permit fees 200
Monthly bank fees 359
Subtotal 9,634$
Operations Expenses
All Star Team Expenses 750
All Star Coaches Shirts -
All Star Uniforms -
Registration & Sponsor Banners 4,000
Baseball/Softball Equipment 3,000
Baseballs & Softballs 8,000
Fence Rental 2,500
Field Improvements 60,000
Field Maintenance 2,000
Attachment #2
Fall Ball Expenses (Field Rental & Travel) 6,500
Juniors Manager -
First Aid & Ice Packs 500
Fuel/Service Groomer 500
Paint for field 750
Kitchen utensils for new Snack Shack 400
Private coach help for Juniors, Majors & AAA teams 15,000 Reimbursements for canceled season (Covid) -
Scoreboard Maintenance -
Snack Shack 10,000
Softball Development Fund 2,000
Special Events-Opening Day 500
Special Events-Closing Day 2,000
Sportswear 5,000
Team Photos 1,500
Trophies 4,000
Tryouts -
Umpires 16,000
Uniforms - Spring 25,000
Uniforms - All-Stars 6,500
Uniforms - Fall Ball 2,500
Uniform invoice 2019 softball (submitted late) -
Miscellaneous 500
Subtotal 179,400
Total Expenses $ 189,034
Net Income $ 6,466

Agenda Item # 6.D.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Alexis Brown, Deputy City Manager
Reviewed by: Joseph Toney, Assistant City Manager
Approved by: Steve McClary, City Manager
Date prepared: January 1, 2023 Meeting date: February 12, 2024 Subject: Agreement for Community Outreach and Education Related to CityOwned Vacant Lots RECOMMENDED ACTION: 1) Authorize Mayor to execute Professional Services Agreement with Tripepi Smith to provide Community Outreach and Engagement Services related to City-owned Vacant Lots in the amount of $130,000; and 2) Appropriate $55,000 from the General Fund Undesignated Reserve to Public Works Engineering, Professional Services, Account 100-3008-5100 FISCAL IMPACT: Initial funding for these services was included in the Adopted FY 2023- 24 Budget in Public Works Engineering, Professional Services, Account 100-3008-5100.

The account has a budget of $75,000 for this project. Additional appropriation is required for the full scope of services identified in the RFP. A request was reviewed and approved by the Administrative and Finance Subcommittee during a Special Meeting on January 17, 2024, to allocate General Fund Undesignated Reserve funds in the amount of $55,000, to supplement the total agreement at a not-to exceed amount of $130,000 for FY 2023-24. As of December 31, 2023, the General Fund Undesignated Reserve is projected at $67.9 million for the year ending June 30, 2024 STRATEGIC PRIORITY: This item supports the Master Plan for City-Owned Vacant Lots priority identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION At the September 27, 2023, City Council meeting, the City Council approved the City’s first Strategic Plan list to help focus and prioritize staff efforts on the most important projects that City staff need to work on. As part of that plan, the City City Council Meeting
02-12-24
Item

6.D.

Agenda Item # 6.D.

Council identified the need for a comprehensive outreach and education program to engage the Malibu community and stakeholders regarding vacant lots owned by the City.

The City initiated a competitive RFP process on October 5, 2024, to identify a qualified consultant for the project. The RFP process resulted in the evaluation of nine proposals, with the following criteria: responsiveness to the tasks within the RFP, presentation, thoroughness of the proposal, understanding of the scope of services, qualifications and experience of the proposed project team, and approach to engagement. After a comprehensive review and scoring process, four firms were advanced to the next stage and invited to participate in an interview process. The interview delved into critical aspects such as community dynamics, political acumen, strategic planning, stakeholder management, communication skills, data analysis and approach to innovation and technologies, and crisis management.

Following this rigorous assessment, Tripepi Smith has been identified and recommended for award. The decision to recommend Tripepi Smith is based on several key factors:
• Comprehensive Approach: Tripepi Smith demonstrated a comprehensive approach in their proposal addressing all aspects of the RFP. Additionally, they recommended dividing Task 1 into two tasks to better accomplish the City’s outreach and engagement goals. Staff feels this demonstrates the mindset to go beyond the standard marketing approach and indicates genuine dedication to ensuring a thorough and impactful outreach process that meets the specific needs of Malibu.
• Experience and Qualifications: Tripepi Smith’s qualifications and experience in similar projects, including coastal communities, demonstrate a record of successful community outreach initiatives, indicating a high level of expertise in the field.
• Strategic Understanding & Effective Communication: The interview process revealed Tripepi Smith’s deep understanding of Malibu’s community dynamics, a crucial aspect of this project to ensure success. Further, they demonstrated their ability to engage stakeholders with their ability to convey complex ideas in a relatable manner.
• Proactive Approach to Challenges: Tripepi Smith's experience in crisis management suggests a proactive approach to addressing challenges. Their ability to anticipate and mitigate potential issues before they escalate is a valuable asset, contributing to the overall success of the community outreach initiative. • Inclusive Stakeholder Management: Tripepi demonstrates a dedication to considering a diverse range of perspectives within the community. This is

Agenda Item # 6.D.
essential for fostering a sense of community ownership. Their ability to facilitate potentially contentious discussions and navigate complex issues is a vital skill for finding common ground and ensuring that all voices are heard.

The remaining firms were eliminated from the City’s consideration due to inadequacies in their proposal. Those are as follows:
• Unclear Total Cost Structure: Some firms provided only hourly rates without presenting a clear breakdown of total project costs. The lack of information was concerning for the overall budget management and accountability when executing the tasks identified in the RFP. Some did not include advertising costs in their proposals, indicating a lack of planning and research.
• Limited Scope of Focus: Some firms were more singularly focused in areas like DEI or climate change. While these are undoubtedly important areas, there is a need for a broader and more integrated approach for the City’s initiative. Some were too singular in their approach with an overemphasis on specific outreach methods. We felt this neglected the objective for a well-rounded and diverse campaign.
• Lack of Experience or Limited Information of the Project Team: Given the unique nature of beach communities, some firms lacked experience with such environments. Others who had beach community experience provided limited information on the project team or did not have adequate resources to devote to the initiative. Additionally, City staff’s first-hand experience with certain firms, whether negative or lacking, was also considered in the evaluation process.

In summary, the firms were not selected for award based on considerations of cost transparency, a balanced outreach strategy, relatable project examples. The selection of Tripepi Smith is grounded in their comprehensive approach, experience, strategic understanding, effective communication, and commitment to innovation. Tripepi Smith’s recognition of the project’s potential to leave a legacy demonstrates their understanding of the City’s commitment to enhancing the quality of life for Malibu residents.

The initial budget for the professional services related to this project was estimated at $75,000. However, after careful review and discussions among staff, it was determined that an additional appropriation of $55,000 is necessary to ensure the successful implementation of the outreach and education initiatives. The recommended not-toexceed amount, although less than the figure in the attached proposal, has been deemed sufficient to accomplish the project’s deliverables while ensuring fiscal responsibility.

Agenda Item # 6.D.

ATTACHMENTS:

1. RFP for Community Outreach and Education Related to City-Owned Vacant Lots

2. Copy of Tripepi Smith Proposal and Interview Presentation

3. Agreement for Professional Services
Request for Proposals for
Community Outreach and Engagement
Consulting for City Owned Vacant Lots
Date Issued: October 5, 2023
Proposals must be received no later than 4:00 p.m. on Friday, October, 27,2023 via email at the following address:

City of Malibu
Attn: Alexis Brown, Deputy City Manager
[email protected]
Attachment #1

INTRODUCTION
The City of Malibu (“City”) is seeking proposals from qualified consultants to provide a comprehensive community outreach and engagement program to identify community priorities leading to recommendations that can inform the City’s strategy and planning for city-owned vacant land and open space. The City owns five (5) parcels of vacant land totaling just over nine (9) acres. The City is interested in engaging a consultant with experience in traditional and innovative outreach methods and working with existing community organizations and resources. The selected consultant will have experience in leading focus groups or similar sessions, facilitating an inclusive, equitable and diverse public engagement process that will generate valuable feedback and consolidate qualitative data into useful reporting formats and insights for City leadership.

BACKGROUND
The City of Malibu (City) is a coastal city located in the northwestern portion of Los Angeles County, California, along 21 miles of the Pacific Ocean and has a population of approximately 10,654. The City is host to approximately 15 million visitors a year. The City is a general law city incorporated under California law in 1991. It operates under the Council/Manager form of government and is considered a contract city. The five members of the City Council are elected at-large and serve staggered four-year terms, with the Mayor being selected from among the Councilmembers. The City offers a full range of municipal services and currently has 102.5 full-time employees and 12.69 full-time equivalent part-time employees. The City, organized into seven departments, provides a number of services in-house, including management and administrative services, building and safety, community services, environmental sustainability, planning, public works and engineering. The City’s Adopted Fiscal Year 2023-24 General Fund Operating Budget for ongoing expenditures is $54.9 million, and the City’s Total Expenditure Budget is $93.2 million.

The City contracts with the County of Los Angeles for law enforcement, fire (as a member of the Fire District), animal control and other services. In addition, certain other services, such as City Attorney, water, street maintenance and garbage collection services, are also provided via contract or from Los Angeles County. Law enforcement is provided by the Los Angeles County Sheriff’s Department out of the Malibu/Lost Hills Sheriff’s Station.

Fire services within the City and the unincorporated Los Angeles County areas around Malibu are provided by the County of Los Angeles Fire Department through four local fire stations.

The City interacts with numerous other government agencies, including but not limited to the California Department of Parks and Recreation, the California Department of Transportation, and the County of Los Angeles. As a city located entirely within the coastal zone, the City interacts frequently with the California Coastal Commission, as well as the California State Water Resources Control Board and the Los Angeles Regional Water Quality Control Board, and other agencies, such as the Mountains Recreation Conservation Authority (MRCA).

City of Malibu RFP
RFP for Community Outreach and Engagement Consulting
October 2023

PRELIMINARY SCOPE OF SERVICES
The selected Consultant’s comprehensive community outreach and engagement program is expected to address and include the following scope of services:

Task 1: Conduct Introduction Meeting with City Staff and Leadership to Develop the Community Engagement Strategy
The consultant will facilitate meetings with City staff, City Council and designated Officials and develop action item priorities to help shape the Community Engagement and Outreach Plan. The proposed plan should provide meaningful opportunities for dialogue between the City and Malibu Community. Key engagement activities may include, but are not limited to:
• Listening sessions with community groups such as residents, community organizations, local school boards and staff, and other stakeholders. • Additional outreach opportunities such as pop-up tabling, participation in community events, door-to-door, etc.
• Online engagement surveys via social media platforms and the city website.

The final Community Engagement Plan should include:

1. A final list of engagement activities.

2. A detailed schedule outlining dates, times, and locations of each outreach activity.

3. A final list of community organizations, focus groups, and other individuals to participate in the survey.

4. The production of a survey, conversation toolkits, and all materials required for proposed engagement activities.

Based on any feedback from the internal project team, the Consultant will revise and present the final Community Engagement Plan to the City Council.

Task 2. Facilitate Engagement Process
The Consultant will facilitate the engagement process and gather feedback to be included in the final Community Outreach and Engagement Outcomes Report. The City expects to achieve the following outcomes as part of the engagement process:
• Identify the community goals, expectations, and concerns regarding potential development of city-owned vacant parcels.
• Gain understanding of unmet needs and perspectives of the Malibu community. • Inform the community of potential barriers or site constraints for development within City limits.
• Engage the community in a public feedback process absent of all communication barriers while being inclusive and representative of all voices in the community.

City of Malibu RFP
RFP for Community Outreach and Engagement Consulting
October 2023

The feedback received during this task will be incorporated into the Community Outreach and Engagement Outcomes Report.

Task 3: Prepare Final Community Outreach and Engagement Outcomes Report The purpose of the final report is to develop a clear, concise document of the community engagement process’s findings. The report should be produced for the general public.

The use of graphics is encouraged to help communicate key findings. The final report should be able to express the key needs clearly and effectively. The final report should include at minimum:

1. Executive Summary highlighting key findings from the survey.

2. Data and Analysis research gathered throughout the process.

3. Community Engagement process and major themes.

4. Community/stakeholder priorities and recommendations to the City moving forward.

The Consultant will provide a draft final report for staff review. Based on the feedback from staff, the consultant will review the draft report and present it to the City Council.

Goals of the Project
Creatively engage a diverse cross section of the community in the idea-generation and decision-making process for the future planning and development of city-owned vacant parcels.

Develop a final list of projects that have broad public and political support and will best meet the long-term needs of the community.

PROPOSAL REQUIREMENTS
Proposers must submit a detailed proposal which includes, at a minimum, the following:
• List up to five (5) experiences consistent with the Preliminary Scope of Work, preferably with public agencies.
• Describe the background, experience, and qualifications of the person(s) who will lead and/or participate in, any portion of the Malibu project (include their role, education, relevant experience and related qualifications). • Provide at least three (3) references including the name of contact, affiliation, address, direct telephone number and email address.
• Describe in detail the fee structure proposed for providing engagement services.

City of Malibu RFP
RFP for Community Outreach and Engagement Consulting
October 2023

• The selected provider must use and comply with the terms and conditions of the City’s standard Professional Services Agreement as provided in Attachment 1 of this RFP.
• Provide a written statement that the Consultant shall comply with the California Labor Code pursuant to said regulations entitled: Federal Labor Standards provisions; Federal Prevailing Wage Decision; State of California Prevailing Wage Rates, and the City of Malibu’s Minimum Wage Ordinance, respectively. • Firms are required to list past, current, or pending litigation resulting from professional services rendered over the past five years. If a court or an arbitrator rendered a decision, state the results.

TERM OF CONTRACT
The term of any agreement is expected to begin in October 2023 and continue for one (1) year with the possibility to extend as needed.

COMMUNICATION
In order to create a fair and orderly process, during the RFP process (commencing as of the date of this RFP and continuing until selection of a firm or cancellation of this RFP), no employee, member or agent of any proposing firm shall have any ex-parte communications regarding this RFP with any City official, its advisors or any of its contractors or consultants involved with the solicitation process, except for communications expressly permitted by this RFP. Any proposing firm engaging in such prohibited communications may be disqualified at the sole discretion of the City.

PROPOSAL PROCEDURE
Clarifications: The City will respond to requests for clarification to the RFP in written addendum(s) as needed. Inquiries should be directed by email only to Alexis Brown, Deputy City Manager at [email protected]. No verbal requests will be accepted. All requests for clarification must be received by 5:00 p.m. on Wednesday, October 18, 2023.

Proposal Deadline: Submit three (3) hard copies and one digital copy (e.g., USB drive) of the completed proposal to:

Alexis Brown, Deputy City Manager
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
City of Malibu RFP
RFP for Community Outreach and Engagement Consulting
October 2023

All proposals must be received no later than 4:00 p.m. on Friday, October 27, 2023. The City reserves the right to extend the deadline or accept a late submittal with good cause shown.

Evaluation Criteria: Proposals will be evaluated based primarily on proposal quality, experience, and performance in oral interviews (if necessary).

Response Preparations: No reimbursement will be made by the City for costs incurred in the preparation of the response to this RFP. Submitted materials will not be returned and will become the property of the City of Malibu.

The City reserves the right to select consultants without interviews, however, shortlisted firms may be invited to meet with the selection committee. The presentation portion of the interview will be limited to no more than 10 minutes, with up to another 30 minutes set aside for questions and answers. The presenters must include the personnel who will be engaged in the project.

Right to Reject Proposals: Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in the agreement between the City of Malibu and the firm selected. The City of Malibu reserves the right without prejudice to reject any or all proposals.

ATTACHMENTS:

Vacant Parcel Map(s)
Vacant lots owned by the City of Malibu (lot 5 of 5: “La Paz” Lot) Source: City of Malibu GIS, 2023
APN: 4458-022-908
Street Address: 23467 Civic Center Way
Area: 13,440 Sq Ft (0.31 acres)
Vacant lots owned by the City of Malibu (lot 2 of 5: “Triangle” Lot) Source: City of Malibu GIS, 2023
APN: 4458-020-904
Street Address: 23800 Civic Center Way
Area: 6,574 Sq Ft (0.15 acres)
Vacant lots owned by the City of Malibu (lot 1 of 5: “Chili Cook-Off” Lot) Source: City of Malibu GIS, 2023
APN: 4458-022-907
Street Address: 23575 Civic Center Way
Area: 55,959 Sq Ft (1.28 acres)
Vacant lots owned by the City of Malibu (lot 3 of 5: “Heathercliff” Lot) Source: City of Malibu GIS, 2023
APN: 4466-021-028
Street Address: 29136 Pacific Coast Highway
Area: 111,302 Sq Ft (2.56 acres)
Vacant lots owned by the City of Malibu (lot 4 of 5: “Trancas” Lot) Source: City of Malibu GIS, 2023
APN: 4470-012-901
Street Address: 6103 Trancas Canyon Road
Area: 207,512 Sq Ft (4.76 acres)

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of [date] by and between the City of Malibu (hereinafter referred to as the "City"), and ____________ (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

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

B. The City desires to contract out for consulting services for certain projects relating ______________________________________________.

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

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

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

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

2.0 TERM OF AGREEMENT. This Agreement will become effective on [date], and will remain in effect for a period of ____ years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

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

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

Agreement for Professional Services
[Consultant]

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

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

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

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

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

6.0 GENERAL TERMS AND CONDITIONS.

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

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

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

6.1.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages.

Agreement for Professional Services
[Consultant]

6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.

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

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

6.5 Indemnification.

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

6.5.1. Duty to defend:

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

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

6.7 Independent Contractor. This Agreement is by and between the City and the Consultant and is not intended, and shall not be construed, to create the relationship of Agreement for Professional Services
[Consultant]

agency, servant, employee, partnership, joint venture, or association, as between the City and the Consultant.

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

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

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

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

6.11 Final Payment Acceptance Constitutes Release. The acceptance by the Consultant of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to the Consultant for anything done, furnished or relating to the Consultant’s work or services. Acceptance of payment shall be any negotiation of the City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of the Consultant, Agreement for Professional Services
[Consultant]

its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

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

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

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

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

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

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

6.18 Entire Agreement. This Agreement constitutes the whole agreement between the City and the Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, Agreement for Professional Services
[Consultant]

is relying upon any statement or information not contained in this Agreement. Any changes or modifications to this Agreement must be made in writing appropriately executed by both the City and the Consultant.

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

CITY: Steve McClary CONSULTANT:

City Manager
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265-4861
TEL (310) 456-2489 x 226
FAX (310) 456-2760
Agreement for Professional Services
[Consultant]

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

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

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

City Initials ______
Consultant Initials ______

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

City Initials ______
Consultant Initials ______
Agreement for Professional Services
[Consultant]

This Agreement is executed on _____________________, at Malibu, California, and effective as of [date].

CONSULTANT:
_______________________________
By:

CITY OF MALIBU:
___________________________________
STEVE UHRING, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
Agreement for Professional Services
[Consultant]

EXHIBIT A

SCOPE OF WORK
Agreement for Professional Services
[Consultant]

EXHIBIT B

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

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

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

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

Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).

Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

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

Duration of Coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the Agreement for Professional Services
[Consultant]

performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.

Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.

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

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

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

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

Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Agreement for Professional Services
[Consultant]

Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

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

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

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

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

City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Consultant, the City and Consultant may renegotiate the Consultant’s compensation.

Agreement for Professional Services
[Consultant]

Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

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

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

City of Malibu
23815 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.ci.malibu.ca.us Recycled Paper
Addendum # 1 – Request for Proposals for Community Outreach and Engagement for City Owned Vacant Lots

1. Does the City have a budget it must hit for the scope of this program? A: The City of Malibu does not have an allocated budget for this project. The amount proposed by the winning bidder will be presented to City Council at the time of award to request budget allocation.

2. Does the City have a separate budget for potential print, mailing and advertising costs? A: The City of Malibu does not have a separate budget for any of the advertising materials associated with this RFP. Costs for such materials should be included in the proposal submission.

3. Clarification of Proposal Submission Procedure:

Proposals must be received no later than 4:00 p.m. on Friday, October 27,2023 via email at the following address: City of Malibu Attn: Alexis Brown, Deputy City Manager [email protected].

Disregard Proposal Deadline Statement of Page 5 of the RFP.

4. What communication tools are currently active within the City's arsenal? Social media, website, email, print/digital newsletters, etc.

A: The City of Malibu currently uses the following communication platforms:
• Social media (twitter, facebook, Instagram, linkedin, nextdoor) • E-notification system (subscriber based messaging via text and email) – 80 categories, such as public meetings, emergency, library and cultural events. Largest list approx. 3,000 subscribers • City emergency and traffic hotline with recorded messages (310-456-9982) • Website alert system (subscriber based messaging via text and email) – traffic, weather, utility, beach, health advisory lists. Emergency has 4740 subscribers, traffic has 3972 subscribers • Everbridge Disaster Notification System (subscriber opt-in as well as regularly updated automated download of all cell and landline numbers with a Malibu address) • KBU FM 99.1 – Direct upload to play recorded audio PSAs • TV broadcast Ch. 3 and streaming on youtube, with city meetings, city produced videos, PSAs from outside agencies, and slides (like flyers)
• Quarterly Community Services Department newsletter – mailed directly (not sure of the distribution numbers. Ask Amanda Rigali)
• Newsflash – rotating news items on home page, also with a subscriber function with 500 subscribers
• City Manager Update – semi weekly email newsletter sent out on newsflash, enotify, and posted on social media
2 https://malibucity-my.sharepoint.com/personal/abrown_malibucity_org/Documents/Addendum_ RFP Community Outreach and Engagement for City Owned Vacant Lots.docx Recycled Paper
• Advertising in Malibu Times – print and digital

5. What is the City's idea of success with regard to this program? A: A successful program will achieve the Goals of the Project as described on page 4 of 6 in the RFP; see below.

Creatively engage a diverse cross section of the community in the idea-generation and decision-making process for the future planning and development of city-owned vacant parcels. Develop a final list of projects that have broad public and political support and will best meet the long-term needs of the community.

6. Does the City have markers for how it will measure how inclusive, equitable and diverse the public engagement process is?
A: No

7. What does the City expect of a 'conversation toolkit' as identified in Task 1's scope of work?
A: The consultant should include their recommendation for services that best fit the scope of work defined in Task 1 as part of their proposal submission.

8. How does the City currently define 'all materials required for proposed engagement activities,' identified in Task 1's scope of work?
A: All materials identified in the engagement strategy shall be a “deliverable” as part of task one.

9. Does the city have a minimum/maximum number of meetings desired with city officials under Task 1?
A: No

10. Will the City require the presentation of the reports to a committee(s) before the presentations to Council?
A: Yes, the consultant will be requested to make a presentation to City Management of the findings prior to presenting the final report to the City Council.

11. Please provide the City’s standard CSA, which was not included as an attachment in the issued RFP.

A: Please see the attached sample Professional Services Agreement.

12. Has the City put out any communication / received any community feedback regarding the vacant lots to-date?
The City has not produced nor received any formal community feedback on this subject to date. 3 https://malibucity-my.sharepoint.com/personal/abrown_malibucity_org/Documents/Addendum_ RFP Community Outreach and Engagement for City Owned Vacant Lots.docx Recycled Paper

13. What communication tactics/tools do Malibu stakeholders seem most responsive to? To Be Determined

14. Is the City open to working with a separate/second contractor for the survey portion of this program?
A: All subcontractors should be listed as part of the proposal submission with an outlined scope of work for the specific task(s) they will be providing the service for.

15. The RFP is silent on the City's evaluation with respect to the surplus land act; since the community may identify uses that are not governmental purpose uses as defined in the act, can they provide information relative to when they intend to complete that relative to the engagement strategy (or if has already been completed)? A: At this time the City is gathering community feedback and has not identified any specific use for these properties. Should community feedback prioritize a non-government use, the City will follow all laws and guidelines in accordance with the Surplus Land Act.

For more information, please contact the City Manager’s Office. Proposals must be received no later than 4:00 p.m. on Friday, October 27,2023 via email at the following address: City of Malibu Attn: Alexis Brown, Deputy City Manager [email protected].

Alexis Brown
Deputy City Manager
City of Malibu
City of Malibu
23815 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.ci.malibu.ca.us Recycled Paper
Addendum # 1 – Request for Proposals for Community Outreach and Engagement for City Owned Vacant Lots

1. Does the City have a budget it must hit for the scope of this program? A: The City of Malibu does not have an allocated budget for this project. The amount proposed by the winning bidder will be presented to City Council at the time of award to request budget allocation.

2. Does the City have a separate budget for potential print, mailing and advertising costs? A: The City of Malibu does not have a separate budget for any of the advertising materials associated with this RFP. Costs for such materials should be included in the proposal submission.

3. Clarification of Proposal Submission Procedure:

Proposals must be received no later than 4:00 p.m. on Friday, October 27,2023 via email at the following address: City of Malibu Attn: Alexis Brown, Deputy City Manager [email protected].

Disregard Proposal Deadline Statement of Page 5 of the RFP.

4. What communication tools are currently active within the City's arsenal? Social media, website, email, print/digital newsletters, etc.

A: The City of Malibu currently uses the following communication platforms:
• Social media (twitter, facebook, Instagram, linkedin, nextdoor) • E-notification system (subscriber based messaging via text and email) – 80 categories, such as public meetings, emergency, library and cultural events. Largest list approx. 3,000 subscribers • City emergency and traffic hotline with recorded messages (310-456-9982) • Website alert system (subscriber based messaging via text and email) – traffic, weather, utility, beach, health advisory lists. Emergency has 4740 subscribers, traffic has 3972 subscribers • Everbridge Disaster Notification System (subscriber opt-in as well as regularly updated automated download of all cell and landline numbers with a Malibu address) • KBU FM 99.1 – Direct upload to play recorded audio PSAs • TV broadcast Ch. 3 and streaming on youtube, with city meetings, city produced videos, PSAs from outside agencies, and slides (like flyers)
• Quarterly Community Services Department newsletter – mailed directly (not sure of the distribution numbers. Ask Amanda Rigali)
• Newsflash – rotating news items on home page, also with a subscriber function with 500 subscribers
• City Manager Update – semi weekly email newsletter sent out on newsflash, enotify, and posted on social media
2 https://malibucity-my.sharepoint.com/personal/abrown_malibucity_org/Documents/Addendum_ RFP Community Outreach and Engagement for City Owned Vacant Lots.docx Recycled Paper
• Advertising in Malibu Times – print and digital

5. What is the City's idea of success with regard to this program? A: A successful program will achieve the Goals of the Project as described on page 4 of 6 in the RFP; see below.

Creatively engage a diverse cross section of the community in the idea-generation and decision-making process for the future planning and development of city-owned vacant parcels. Develop a final list of projects that have broad public and political support and will best meet the long-term needs of the community.

6. Does the City have markers for how it will measure how inclusive, equitable and diverse the public engagement process is?
A: No

7. What does the City expect of a 'conversation toolkit' as identified in Task 1's scope of work?
A: The consultant should include their recommendation for services that best fit the scope of work defined in Task 1 as part of their proposal submission.

8. How does the City currently define 'all materials required for proposed engagement activities,' identified in Task 1's scope of work?
A: All materials identified in the engagement strategy shall be a “deliverable” as part of task one.

9. Does the city have a minimum/maximum number of meetings desired with city officials under Task 1?
A: No

10. Will the City require the presentation of the reports to a committee(s) before the presentations to Council?
A: Yes, the consultant will be requested to make a presentation to City Management of the findings prior to presenting the final report to the City Council.

11. Please provide the City’s standard CSA, which was not included as an attachment in the issued RFP.

A: Please see the attached sample Professional Services Agreement.

12. Has the City put out any communication / received any community feedback regarding the vacant lots to-date?
The City has not produced nor received any formal community feedback on this subject to date. 3 https://malibucity-my.sharepoint.com/personal/abrown_malibucity_org/Documents/Addendum_ RFP Community Outreach and Engagement for City Owned Vacant Lots.docx Recycled Paper

13. What communication tactics/tools do Malibu stakeholders seem most responsive to? To Be Determined

14. Is the City open to working with a separate/second contractor for the survey portion of this program?
A: All subcontractors should be listed as part of the proposal submission with an outlined scope of work for the specific task(s) they will be providing the service for.

15. The RFP is silent on the City's evaluation with respect to the surplus land act; since the community may identify uses that are not governmental purpose uses as defined in the act, can they provide information relative to when they intend to complete that relative to the engagement strategy (or if has already been completed)? A: At this time the City is gathering community feedback and has not identified any specific use for these properties. Should community feedback prioritize a non-government use, the City will follow all laws and guidelines in accordance with the Surplus Land Act.

For more information, please contact the City Manager’s Office. Proposals must be received no later than 4:00 p.m. on Friday, October 27,2023 via email at the following address: City of Malibu Attn: Alexis Brown, Deputy City Manager [email protected].

Alexis Brown
Deputy City Manager
City of Malibu
Community Outreach and Engagement
for City Owned Vacant Lots
City of Malibu
Attachment #2
Why Tripepi Smith?
A Public Affairs Firm that Understands Local Govt.

Our Team
Some of Our Clients
Our Proposed Approach
Strategic Communications
Awareness
Knowledge
Motivation to Act
Action
Measure Twice, Cut Once
How We Work
#ABL: Always Be
Learning
Be an Order Maker, Not an
Order Taker
Always Be Learning
• Our dedication to constant learning translates into a commitment to understanding our clients and key messaging.

Be an Order Maker, Not an Order Taker
• We leverage our expertise to ask the right questions and keep projects moving.

Scope
TASK 1
Conduct Introduction Meeting
with City Staff & Leadership to
Develop the Community
Engagement Strategy
[NEW/PROPOSED] TASK 2
Create and Distribute
Conversation Toolkit
(Community Outreach)
TASK 3
Facilitate Engagement
Process
TASK 4
Prepare Final Community
Outreach and Engagement
Outcomes Report
Work Examples
Work Examples
Thank You!
Proposal for:

Community Outreach and Engagement
Consulting for City Owned Vacant Lots

CITY OF MALIBU
Submitted:

October 27, 2023
By:

Ryder Todd Smith, Co-Founder & President
Saara Lampwalla, Senior Business Analyst
City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 2

TABLE OF CONTENTS

1. COVER LETTER.......................................................................................................... 2

2. PROJECT UNDERSTANDING & APPROACH............................................................ 4

3. PROPOSED SCOPE OF WORK ................................................................................. 5

4. FIRM MANAGEMENT & STRUCTURE ..................................................................... 14

5. MOST-SIMILAR PROJECTS ..................................................................................... 21

6. PROJECT TEAM ...................................................................................................... 24

7. COST PROPOSAL.................................................................................................... 30

8. SIGNATORIES.......................................................................................................... 35 ATTACHMENT A: RESUMES ....................................................................................... 37 City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 3

1. COVER LETTER
Thank you for the opportunity to present Tripepi Smith’s offerings in response to the City of Malibu’s request for community outreach and engagement consulting for City owned vacant lots. This proposal offers a comprehensive communication program that will result in data showcasing the Malibu community’s visions for the future of these five City parcels.

Tripepi Smith is a team of nearly 50 communications experts — robust enough to offer experienced and effective professionals for the job, yet small enough to be nimble and responsive. We offer a spectrum of skills that allows us to match the appropriate resource to the task at hand, letting us execute faster and reduce engagement costs. These resources vary by both years of experience and core hard skills (graphic design versus writing versus social media, for example). The result: we have an ability to tell a complete story across mediums, all within our one team. As a result, the City will only need one communications partner.

Key Advantages
Tripepi Smith is unique. Our mix of technical prowess and policy competency results in several advantages:

1. The breadth of Tripepi Smith’s team — from communications to policy and videography — is rare.

Combined with our unparalleled public agency client depth and diversity, we gain insights from the breadth of our work and share that knowledge with our 180+ public agency clients.

2. Tripepi Smith’s work with dozens of public agencies and municipal partners positions our team to communicate about the spectrum of issues known to local governments. Moreover, team members understand how to relate these issues to all stakeholders, including agency staff, city council and residents.

3. No other public affairs firm in California (that we can find) has the certifications in social media and digital platforms that Tripepi Smith has. These certifications evidence our superior understanding of these platforms.

As President, I affirm that I have the authority to bind Tripepi Smith for this proposal. I sincerely hope our team can put our skills to use for the City of Malibu and its community.

Regards,

Ryder Todd Smith
Co-Founder & President, Tripepi Smith
[email protected] • (626) 536-2173 • P.O. Box 52152, Irvine, CA 92619 City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 4 2. PROJECT UNDERSTANDING & APPROACH
The City of Malibu’s Needs
The City of Malibu is seeking a partner in reaching and engaging its community on the use of the City’s vacant land and open space. Five parcels consisting of nine acres offer the Malibu community possibilities.

The City recognizes the importance of the public’s involvement in determining the future of these lots, emphasizing throughout the RFP the desire to “Creatively engage a diverse cross section of the community in the idea-generation and decision-making process for the future planning and development of City-owned vacant parcels” in order to “Develop a final list of projects that have broad public and political support and will best meet the long-term needs of the community.”
In a series of three tasks, the City acknowledges that a comprehensive outreach plan and program can enable the full-fledged community involvement it seeks to shape the plan for the lots. In Task 1, the City proposes a comprehensive planning and outreach process, drawing on internal resources and data to inform the Community Engagement Plan and Report, as well as a ‘Conversation Toolkit’ consisting of surveying and outreach materials. Task 2 begins with robust in-person and virtual community engagement opportunities to collect feedback. Lastly, in Task 3, the City asks for a Community Outreach and Engagement Outcomes Report, summarizing the activities of Tasks 1 and 2, and creatively showcasing community member feedback for City decision makers to leverage in charting a path forward.

Tripepi Smith’s Approach
Tripepi Smith has extensive experience with all aspects of the requested scope of work, and a track record of success in helping local governments source feedback from their constituents. Tripepi Smith can confidently execute on each area of the City’s request with the exception being on surveying, which we propose subcontracting out to FlashVote, a scientific community survey technology that can provide the City with additional actionable input from the community. FlashVote helps inclusively draw feedback from residents who wish to participate via email, text and phone call, plus offers multiple language options.

We also propose splitting Task 1 into two separate tasks, creating a new Task 2 “Create and Distribute Conversation Toolkit (Community Outreach).” The updated task structure and sequence (shown below) allows for incorporating the findings of the Community Outreach and Engagement Plan developed in Task 1 before facilitating the engagement process during Task 3.

Task 1 – Conduct Introduction Meeting with City Staff and Leadership to Develop the Community Engagement Strategy
[NEW/PROPOSED] Task 2 – Create and Distribute Conversation Toolkit (Community Outreach) Task 3 – Facilitate Engagement Process
Task 4 – Prepare Final Community Outreach and Engagement Outcomes Report City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 5 General Project Management
Tripepi Smith begins all engagements with a kickoff meeting with the client to: introduce personnel to one another, define Key Performance Indicators (metrics, goals and timelines); review project management processes and tools; and ensure each team member has a full understanding of their responsibilities.

Tripepi Smith primarily uses the following tools to manage projects:

Google Workspace for email, creating real-time collaborative documents and instant messaging; Zoom or Google Meet for conference calls;
Hootsuite and Sprout Social for social media management; Meltwater for social media and media monitoring;
Kantata for project/task management, internal project status updates and time entry.

These project management tools enable project manager(s) to quickly determine a project’s budget status, review the schedule of tasks and send rapid notifications to the whole team if issues arise.

Education/Outreach Methodology
Tripepi Smith’s typical approach to education/outreach projects is to “measure twice, cut once”: we work with key stakeholders (including legal counsel if the occasion calls for it) to produce approved written language upfront. Any external-facing content, whatever the medium, will only use that language. This allows us to streamline the design of various deliverables so the only new information for stakeholders to review is the look and feel, versus also having to re-evaluate the text content. The method gives us the most flexibility to speed up the outreach/education process as necessary, ensuring audiences have all the facts to effectively participate in community dialogue about local issues.

Our Creative Team of graphic artists, videographers and animators can transform this same written language into captivating visuals. When combined with digital placements — such as Boosting Posts on Facebook and Instagram — plus FlashVote surveying, we can quantitatively prove reaching a significant portion of the City’s residents.

3. PROPOSED SCOPE OF WORK
Task 1 – Conduct Introduction Meeting with City Staff and Leadership to Develop the Community Engagement Strategy
A. Community Engagement and Outreach Plan
Tripepi Smith will collaborate with the City to create a Community Engagement and Outreach Plan that identifies long-term communication goals for the vacancy awareness campaign, as well as key audiences, messaging topics and more. Across multiple tasks, collaboration between Tripepi Smith and the City may City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 6 include meetings, workshops, virtual whiteboarding sessions, asynchronous document collaboration and surveys. The workflow format might look something like this:

Kickoff Meeting with the Core Project Team Framework –Tripepi Smith assumes a smaller group of stakeholders will be our liaisons for this component of the engagement. After this meeting, we should know our updated aspirations/goals, our expected timeline, our respective responsibilities and how we will maintain communication with one another.

Develop Internal Communications Plan – Tripepi Smith will work with City stakeholders to establish internal communication strategies and practices to meet the goals stated in the RFP.

Develop External Audiences / Messaging Framework – Tripepi Smith will work with City stakeholders to fully identify audience segments and messaging themes that will resonate with them.

Update External Communications Strategies – Tripepi Smith will work with City stakeholders to determine how to adjust current external communication and branding strategies and practices to meet the goals stated in the RFP.

Produce and Present Strategic Communications and Marketing Implementation Plan Framework – Tripepi Smith will compile all elements into a draft Community Engagement and Outreach Plan with a timeline of up to one year. The City will review, make necessary changes and submit the final Plan for approval. There may be meetings/workshops with the core project team to discuss and finalize the Plan.

Produce Implementation Plan and Cost Estimate Framework – Tripepi Smith will create a matrix identifying priority action items that consider financial resources for implementation, outlining the type of work, objectives, timing, lead responsibility and cost/level of effort for each action. This implementation plan will form Task 2 – Create and Distribute Conversation Toolkit (Community Outreach), also identifying associated costs for each component.

B. Brand Identification
Tripepi Smith has helped dozens of agencies create new logos and program-specific sub-logos. Leveraging findings from the Community Engagement and Outreach Plan, Tripepi Smith will create a brand identity dedicated to the initiative, including a sub-logo and color scheme that takes queues from the City’s existing brand. The goal will be to create a series of branding elements that help foment recognition of the initiative and the engagement opportunity it presents for residents.

We will deliver two options to start, which will reviewed, winnowed and revised. Finally, Tripepi Smith will provide a full sub-logo library to give the City flexible assets that can be transformed across all materials:
horizontal versions, vertical versions, color/black-and-white/all-white versions, simplified embroidery versions, web-development versions, etc. These deliverables will come into play throughout the course of the engagement.

City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 7 Task 2 – Create and Distribute Conversation Toolkit (Community Outreach) A. FlashVote Survey
Tripepi Smith recommends the use of FlashVote, an automated scientific community survey technology, that would provide actionable input on the use of vacant lots. FlashVote is inclusive for residents who want to participate, with communications by email, text and phone call, plus offers multiple language options. We recommend up to six (6) surveys over the course of the 12-month program. Topics may include:

Starting Sentiment
Crowdsourcing Ideas
Specific Ideas for Specific Locations
General Communications
B. Purpose-Built Website
Tripepi Smith will build a fresh, modern, user-friendly and visually appealing website using an open-source content management system (CMS) – WordPress – that will provide a clear and cohesive platform for the public awareness campaign. WordPress is the third-most-used CMS by Tripepi Smith clients. While it was not created solely for governments, it is a fantastic option since it offers a friendly interface that makes it simple for users to create beautiful and accessible websites. Many formatting and template options also empower clients to make pages exactly as they want. Moreover, Tripepi Smith believes the WordPress CMS is the best option for two core reasons:

1. It is one of the most cost-effective website CMS available to local governments.

2. It is extremely user-friendly compared to competing systems, empowering staff to maintain website content easily and efficiently.

We begin every website engagement with a kickoff call which will go over project timeline, website vision and client expectations. Each website redesign follows the following phases:

Website Specifications Documentation / Wireframes – A key phase in which we work with the client to envision their new website and what they want it to accomplish. We will also identify content buckets that need to be filled with content the client will need to generate. Tripepi Smith is available to copyedit content as well as to draft content, both on an ad hoc hourly basis.

Design of Website – We design up to three iterations of the homepage and present concepts to the City. We continue to iterate until we design the right look and feel. All this is based on the website specifications document.

Coding of Website – Tripepi Smith focuses inward for a few weeks while the team codes the site.

Toward the end of this phase, we will invite the client to look at the beta site and contribute to a bug list we create in Google Docs to track all discovered issues. We seek transparency and engagement in the development process.

Quality Assurance Testing and Launch – A round of testing and quality assurance occurs as we near the home stretch to ensure we deliver a great experience the first day out the gate. This phase also involves a critical cutover process where Tripepi Smith will need to coordinate with City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 8 information technology staff, particularly around DNS changes. Tripepi Smith will also provide basic Search Engine Optimization (SEO) and Google Analytics tracking one the site is launched.

After launch, we provide 30 days of free technical support to fix any issues that may arise. Following the 30 days of free technical support, Tripepi Smith will move into ongoing maintenance and customer support, which Tripepi Smith defines as technical support only.

Technologies
The following are just some of the technologies we intend to use to deliver on this project and additional technologies can be identified during the kickoff call.

Responsive design and mobile (tablet and phone) optimization Dynamic homepage slider
Easy to navigate menus
Custom page builder tools
Events calendar (if requested)
Custom forms
Social media feed integration (if requested)
Video embed integration
3rd party embed functionality (Google, ArcGIS maps)
ADA Compliance with Section 508 and Level AA W3C Accessibility Guidelines Multi-browser compatibility (Chrome, MS Edge, Safari, Firefox) Google Analytics integration (implemented by TS) and Privacy Policy statement (provided by the County)
Search Engine Optimization with webmaster tools, such as Google Search Console C. Every-Other-Week Check-In Calls (Virtual)
To coordinate our efforts with the City and sustain momentum on the engagement, Tripepi Smith will schedule an every-other-week, 60-minute phone call that will include a City-designated lead. Call content will focus on the creation, organization and execution of deliverables throughout Tasks 2, 3 and 4. After each call, the client will receive an action summary email, summarizing decisions made on the phone call and related action steps. We will produce work, such as press releases/news articles, social media, collateral content and webpage content, in a shared workspace where the City can see our progress in real time and provide instant feedback as needed. These tools will deliver enhanced collaboration and speed time to delivery.

Please note that outside of regular check-in calls, the City may contact the lead project manager, Alyson Nichols, with any questions, requests or issues. She will then swiftly relay instructions to the rest of the team.

Should a serious issue arise that could impact a deliverable, she will arrange a meeting with all team members City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 9 to discuss potential solutions. For example: if more resources are needed to execute on a deliverable or speed up a process, Tripepi Smith can immediately tap into its internal talent pool.

D. Press Release and/or News Article Writing
Tripepi Smith can draft up to five (5) news articles, press releases and/or official statements, which are typically up to five hundred (500) words in length. The City would direct the allocation of stories with Tripepi Smith’s suggestions, making internal subject matter experts available to aid the development of the stories when needed. Additionally, this assumes the use of an existing media and external agencies notification list. The City would also facilitate timely approval of quotes. Press release/news article topic options may include, but are not limited to:

Initiative Announcement
Call to Engage/Provide Feedback
Workshop/Forum Announcement
Workshop/Forum Reminder
Highlights from the Community Outreach and Engagement Outcomes Report The project team will collaborate with our City-designated lead to define messaging needs throughout the process, ensuring our communications remain alive and adaptable to the initiative as it unfolds.

E. Social Media Management
Content Creation: Social media content creation involves planning, fact-checking, sourcing graphics, grammar checking and scheduling the post. Tripepi Smith will create up to ten (10) unique posts over the course of the engagement and manage distribution as well.

Monitoring: Tripepi Smith will monitor posts and inboxes for questions and comments. When appropriate, responses will be drafted, which will occasionally require fact-checking and seeking out guidance from the City. Additionally, ongoing general online monitoring of local Facebook Groups will be conducted to track community needs, priorities and issues.

F. Graphic Design
Tripepi Smith has a Creative Director, Senior Graphic Artists and Graphic Artists to execute on extensive graphic design deliverables. For the City’s program, we propose up to two (2) mailers to be distributed to each household in the City, as well as two (2) fliers to be distributed across high-traffic community sites, such as grocery stores and City facilities.

While sending a postcard to every member of the community can be expensive, it ensures that everyone – even those without social media or Internet access – has a chance to learn about this community engagement opportunity. Tripepi Smith work entails design, translation and project management while a third-party vendor would provide print and mail services. The materials would include reference to non-English language City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 10 options and appropriate website URLs to find information in a readers’ preferred language. Inclusive of up to three (3) drafts per piece: two (2) drafts, final.

G. Animated Video
We will develop one (1) user-friendly, visually appealing animated explainer video of up to three (3) minutes in length. Tripepi Smith has talented in-house animators that can bring ideas to digital life. The team can provide script writing for voice over talent, story board development that outlines each aspect of the animated video, editing and project management throughout each phase of the process. The scope also encompasses creative assets, such as music, captions and vector imagery. This video is available for distribution on social media, the City’s public access channel, the City Manager update email newsletter and other media outlets. Inclusive of up to three (3) drafts: two (2) drafts, final. Potential video topics include:

A Review of The Initiative: How the Community Can Engage in the Process Responses to Frequently Asked Questions
H. Website Content Maintenance
Once the standalone website is built, Tripepi Smith will provide up to ten (10) hours of website content maintenance through the duration of the engagement. That is, our team will handle updating content on the initiative’s standalone website.

I. Radio Advertising
Based upon our experience creating ads for placement on radio stations, Pandora and Spotify, Tripepi Smith will develop one (1) radio ad to showcase and publicize the opportunity. Tripepi Smith will develop a radio script and once approved by the City and key stakeholders, coordinate a voiceover recording of the radio script. We will use our media intelligence software, Meltwater, and work with the City to identify and confirm the best radio station(s) to work with to coordinate the ad placement. We will then confirm a final radio ad budget and coordinate the paid placement(s) on up to ten (10) stations/platforms total, including KBU FM

99.1. Inclusive of up to three (3) drafts: two (2) drafts, final.

J. Newspaper Advertising
Ads in local newspaper publications, such as the Malibu Times, offer another means of reaching residents offline. Our team will identify available ad spots and finalize a recommended budget for up to five (5) advertisements. Upon approval of ad specifications and budget, our graphic design team will develop up to five (5) unique, attention-grabbing ad designs focused on informing and engaging local readers about the initiative. Our team will develop copy, coordinate concept approval and create the design to quickly capture interest and refer viewers to the standalone website for additional details. Inclusive of up to three (3) drafts per piece: two (2) drafts, final.

K. Digital Advertising
Tripepi Smith can manage a significant advertising campaign to drive community interest in this community engagement process. We generally place an emphasis first on leveraging existing agency platforms such as City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 11 newsletters, websites and social media channels to ensure we are being cost-effective with outreach. Second, we prefer to use digital advertising to target people who are actually in the area affected by the outcome of the initiative.

We will focus digital advertising on YouTube geo-targeted video advertising, Meta (Facebook/Instagram) boosted posts with geo-targeting and X/Twitter and Nextdoor advertising with geo-targeting. The YouTube ad will leverage the animated video described above while the other ads leverage other content created within Task 2. We will target ads at reasonable geography to the City of Malibu to remind the residents of the opportunities to get involved. These ad campaigns will also steer people back to the standalone website for more information and resources.

Tripepi Smith also has experience in other forms of paid advertising: Google geo-targeted display advertising, smaller local billboards and signage on local bus routes (in buses or on benches). We may tap into any one of these opportunities should the City desire it or the findings of Task 1 indicate they would be effective means of reaching Malibu constituents. Please note that creating extra placements would entail adapting existing designs for these new mediums.

L. Translation Services
Tripepi Smith has four (4) in-house Spanish translators. Our team can provide Spanish translation services in written, spoken and video-recorded materials. For other languages, Braille and/or media compatible content for the hearing and sight impaired, Tripepi Smith can provide vendor recommendations or subcontract with a vendor(s) of the City’s choosing.

Task 3 – Facilitate Engagement Process
A. Workshop Facilitation, Livestreaming and Recording (In Person) Tripepi Smith can coordinate with staff to identify venues and dates to host two (2) in-person workshops to seek public feedback on the initiative. Tripepi Smith would devise an agenda, facilitate discussions, document community feedback and promote positive engagement around the process. Additionally, Tripepi Smith would provide services to create PowerPoint decks for the presentation portion of the workshops. We would also coordinate simultaneous translation/interpretation with local partners and preferred vendors, should the City wish. If the City does not have a preferred vendor, Tripepi Smith can source a vendor and either have the vendor bill the City or Tripepi Smith can pass those costs through our engagement.

Tripepi Smith would facilitate recording two (2) of the in-person workshops and provide videos with relevant slides interspersed and closed captions.

B. Forum Facilitation and Recording (Virtual)
Tripepi Smith can also coordinate and facilitate one (1) virtual workshop to seek public feedback. Virtual meetings are helpful since they break down all geographic barriers: everyone with access to the internet has City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 12 access to attend. Further, they can be easily recorded and posted to the project website for later use. Virtual meetings are an effective tool as a supplement to the in-person events.

Tripepi Smith would coordinate and engineer the meetings and provide facilitation services. Should the City desire, Tripepi Smith can record up to one (1) additional language for the virtual workshop. Tripepi Smith will have a team member in each of the language Zoom Rooms to monitor the interpretation and save a recording.

C. Pop-Up Events (In Person)
Tripepi Smith can coordinate and facilitate up to two (2) pop-up events at one of various locations to engage harder-to-reach community members such as cultural centers, senior centers, farmers markets, etc. The popup events would be tailored to the location and the stakeholder group, with a typical event lasting one to two hours and involving a Tripepi Smith representative displaying the initiative website and sharing print materials, such as fliers. The pop-up event would be less structured than workshops, providing an opportunity for stakeholders to ask questions and share feedback.

If the City wishes, Tripepi Smith can produce additional pop-up materials like easy-up tents, tablecloths and printed materials.

A NOTE ON INTERPRETATION/TRANSLATION SERVICES:

Tripepi Smith can help Malibu identify interpretation services for the engagement process. Tripepi Smith does not provide (spoken/verbal) interpretation services directly, but we do work with established subcontractors, depending on geography and language needs. Further, agencies often have an existing relationship with an interpretation firm for the languages they are consistently asked to translate, and Tripepi Smith’s preference is to just work with the agency’s existing provider when possible.

Costs for interpretation of live meetings versus virtual meetings versus written content vary widely. Further, the scope of what will be translated in these meetings can also vary widely. As a best practice, most cities offer to provide interpretation services if there is a request for one of a few languages provided 72 hours in advance of a meeting. That ensures the option is there while not creating the fiscal obligation for the translation, only to have no one show up needing that specific language. The 72-hour request threshold mimics public hearing standards and can be applied to the virtual or in-person events. Tripepi Smith will also ensure required verbiage is included in communications materials advising community members of the availability of translations and interpretations with proper notice. This approach tends to yield the best balance of cost savings with opportunities for non-English speakers to learn and participate.

For (written) translation, Tripepi Smith does have in-house Spanish speakers to handle translations of written materials. Development of written materials tends to be where a bulk of translation support is most helpful.

Here Tripepi Smith looks to provide access to information in several languages to ensure community members have an opportunity to learn about the initiative in a passive context. Then, if they take a deeper interest, they can request interpretation services. Tripepi Smith is proposing to have all written materials translated into Spanish (and the website will use Google Translate).

City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 13 Task 4 – Prepare Final Community Outreach and Engagement Outcomes Report A. Community Outreach and Engagement Outcomes Report
Tripepi Smith can develop a summary report of up to 12 pages that summarizes all the efforts made by Malibu to connect with community members and seek their input. The work report would demonstrate both the in-person and digital efforts to connect with the community and denote a clear timeline for that engagement. Metrics such as website traffic, social media reach, workshop attendance and more would be summarized in the report. A draft report would be presented to Malibu staff for their feedback prior finalizing the report. Tripepi Smith may use infographics, charts and more to best showcase the findings. Inclusive of up to three (3) drafts: two (2) drafts, final.

B. City Council Presentation
In collaboration with City staff, Tripepi Smith will present findings to the Malibu City Council with the intention of equipping them with as much information as possible to make decision on the vacant lots. The presentation will be up to one (1) hour long, highlighting content from the Community Outreach and Engagement Outcomes Report. We will review methodology and process the City used in reaching and engaging residents, and of course, showcase the contents of resident feedback.

City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 14 4. FIRM MANAGEMENT & STRUCTURE Tripepi Smith excels at public affairs. We work in a complex environment where successful communications go hand-in-hand with marketing and technical expertise. As a full-service public affairs and creative services firm, Tripepi Smith delivers strategy, outreach and design tailored for local government, public agencies, nonprofits and private companies—each strongly represented in our client list.

At Tripepi Smith, experienced Directors and Analysts drive strategy and implement messaging. Full-time creative professionals generate compelling branding, websites, design, social media, photography and video.

The collaboration between Creative Services and Analysts keeps communications engaging and on-message, and a diversity of skillsets and expertise allows Tripepi Smith to offer clients exactly the level of service they need.

Additionally, printing, niche website development needs or for mailing, we may use subcontractors. These are often determined at the time of the need, so it is difficult to predict who that will be. However, here is a list of potential firms or people we routinely subcontract with:

InfoSend – Print and Mail House Services
DLS Printer Services – High-end Printing for Collateral Emily Baker – Voiceover Work
FlashVote – Scientific Surveying
City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 15 Grounded in civic affairs: Co-founder and CFO
Nicole Smith is a 2nd-generation civic affairs
professional (her father was a city manager for 30
years). Meanwhile, co-founder and president of
Tripepi Smith, Ryder Todd Smith, brings over a
decade of public agency marketing and
communications experience to the table.

Legal Structure and Financial Matters
Tripepi Smith is a California S Corporation.

Ownership is equally split between Co-Founders
Nicole D. Smith and Ryder Todd Smith.

Tripepi Smith has been incorporated since 2002
and has generated a profit every year it has been
in operation. We have never had a legal claim
filed against us and have never failed to fulfill a
contract commitment.

Implementing Strategy and Engaging
Audiences
Tripepi Smith recognizes the important interplay of public affairs and design. It’s about presenting ideas that advance communities and public institutions. An important corollary to this is providing the creative services that can build materials to engage audiences and make ideas resonate. Tripepi Smith’s multi-faceted design team enables us to reach these goals and lead effective creative strategy.

Strategic
Tripepi Smith is a provider of technology, communications and public affairs services. We leverage our skills and experiences in each of these areas to deliver efficient, technologically driven communication solutions that reflect our deep understanding of local government.

Our team has a strong record of working with public agencies, joint powers authorities and not-for-profit organizations throughout California to better engage and connect with their stakeholders and community.

Creative
Tripepi Smith’s creative professionals have worked with public and private clients on imagery, colors and graphic design in an array of projects. Our firm offers creative services that address not only traditional media such as print, websites, logo design and advertising but also non-traditional marketing services around email campaigns, social media, blogging, SEO, video production and more. This integrated approach to content development makes the process more efficient and more effective for clients. “…solutions that reflect
our deep understanding
of local government.”
City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 16 Content x Distribution = IMPACT
Tripepi Smith was born in the digital era and brings significant technical skills to the table. Members of our team carry technical certifications in Hootsuite Social Media Marketing, Facebook Blueprint, Google Advertising, Google Analytics and Twitter Flight School, among others. We take digital platforms seriously and recognize how critical it is to not only develop great visuals and messaging, but to ensure the audiences we want to reach actually see that content. Without content distribution, there is no impact.

City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 17 Our Services
Strategy, Marketing, Communications
Strategic development, research,
surveys, messaging
Social media management
Web and social media strategy,
optimization (SEO), metrics
Web hosting and support
Email campaigns
Relations (media, stakeholders, public,
government)
Support and training for events,
presentations and virtual gatherings
Google AdWords, LinkedIn and
Facebook advertising
Creative Services
Full-service graphic design for digital,
print and outdoor
Brand and logo development
Content generation, writing and
editorial
Output services (digital distribution,
print management, mail management)
Photography, illustration and
information graphics
Video and animation
Web design and implementation
City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 18 Client Roster
Tripepi Smith has been selected to work with over 180 local government agencies to help with their communications. We can provide you with contacts at any of these clients, including from the sample below.

Public agency clients we are actively supporting are bolded.

California City Management
Foundation
City of Aliso Viejo
City of American Canyon
City of Azusa
City of Bellflower
City of Burlingame
City of Claremont
City of Coronado
(City of) Culver City
City of Cupertino
(City of) Daly City
City of Danville
City of Duarte
City of El Cerrito
City of Fountain Valley
City of Foster City
City of Fullerton
City of Gilroy
City of Grover Beach
City of Hawaiian Gardens
City of Huntington Beach
City of Indian Wells
City of Industry
City of Irvine
City of La Cañada Flintridge
City of La Palma
City of La Puente
City of La Verne
City of Lake Forest
City of Laguna Hills
City of Laguna Niguel
City of Lancaster
City of Livermore
City of Lomita
City of Lynwood
City of Manhattan Beach
City of Manteca
City of Martinez
City of Millbrae
City of Morgan Hill
City of Murrieta
City of Napa
City of Norwalk
City of Orange
City of Orinda
City of Palm Desert
City of Palmdale
City of Paramount
City of Pismo Beach
City of Placentia
City of Pomona
City of Rancho Palos Verdes
City of Rancho Mirage
City of Riverbank
City of Rolling Hills Estates
City of Santa Ana
City of Santa Clarita
City of Santa Cruz
City of Santa Paula
City of Saratoga
City of Stanton
City of South Gate
City of Tracy
City of Vallejo
City of Vista
City of Walnut
(City of) Yuba City
Town of Windsor
County of Merced
County of Fresno
County of Sonoma
County of Santa Barbara
County of Kings
California Contract Cities
Association
CalChoice Energy CCA
California Joint Powers Insurance
Authority
Citrus Heights Water District
Claremont McKenna College
Costa Mesa Sanitary District
El Toro Water District
Independent Cities Association
Independent Cities
Finance Authority
Inland Empire Utilities Agency
Institute for Local Government
League of California Cities
Municipal Management
Association of
Northern California
Municipal Management
Association of
Southern California
Orange County City
Manager Association
Orange County
Sanitation District
Palmdale Water District
Rowland Water District
San Gabriel Valley City
Managers’ Association
City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 19 Local Government Affiliation and Support
Tripepi Smith is firmly committed to the local government world and actively supports the local government association and professional staff who make cities work. Our sponsorship and affiliation with professional industry groups includes:

California City Management
Foundation
California Association of Public
Information Officials
League of California Cities
California Contract Cities
Association
Independent Cities Association
Orange County City Manager
Association
Cal-ICMA
San Gabriel Valley City
Managers’ Association
Municipal Management
Association of Northern
California
Municipal Management
Association of Southern
California
Institute for Local Government
University of Southern California
City/County Management
Fellowship
California Special District
Association

City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 20 Tripepi Smith Organizational Chart

City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 21 5. MOST-SIMILAR PROJECTS
As previously mentioned, Tripepi Smith has had the privilege of providing communication support to almost 200 public agencies throughout California. The following are just four sample engagements that align with the services and scope the City has requested in its RFP.

1. The City of Culver City has been one of Tripepi Smith’s largest and most expansive engagements.

Most recently, our primary delivery has been focused on social media management. We provide a monthly detailed metrics report to the client on the overall outreach numbers for the City to ensure clarity on both the quality of content and the overall distribution of that content to members of the community. Additional work has entailed press release and news article writing, webpage development, editorial calendar creation and maintenance, media relations, strategic messaging, graphic design of the parks and recreation brochure, video production, revenue measure outreach and education regarding officer involved incidents related to body camera footage.

Project Team: Principal Jon Barilone, Creative Director Kevin Bostwick, Senior Graphic Designer Kjerstin Wingert, Senior Business Analyst Saara Lampwalla, Business Analysts Skyler Addison and Kaetlyn Hernandez and Junior Business Analyst Morgan Mock Date of Engagement: 2016 to present

2. The City of Big Bear Lake hired Tripepi Smith to assist with community outreach regarding shortterm rental properties, a deeply divisive and emotionally charged issue among stakeholders. The project strived to form a community solution with Tripepi Smith engaging the community in constructive conversation during a series of community workshop discussions. Our team produced PowerPoint decks, coordinated strategic advertisement placements, developed website content, wrote a press release and lead internal strategic discussions with the City. Each deliverable supported the City’s goal of building and restoring trust within the community so that a solution could bud during the engagement process. As a neutral third-party and expert on matters of public engagement, Tripepi Smith lead the community workshop discussions in a structured, disciplined manner. We acknowledged and worked with the emotionality the issue presented to the Big Bear Lake community, aiming not to stifle natural responses, but to distill from them actionable outcomes based on shared sentiments. The result of the process was a broad representation of community members and sufficient opportunities for them to be heard.

Project Team: President Ryder Todd Smith, Business Analyst Cailyn Thompson and Junior Business Analyst Devin Antonio
Date of Engagement: 2023 to present

3. The City of Foster City contracted with Tripepi Smith to educate the community about the Foster City Levee Improvements Project. Throughout the course of the engagement, Tripepi Smith implemented proactive strategies to raise public awareness and understanding of the $90 million levee project – one of the largest public works projects in Foster City history. Team Tripepi Smith established a dedicated project website, conducted three public online community updates, produced multiple videos and provided ongoing social media support. Additionally, the firm helps respond to community feedback, maintain the project website, develop monthly metric reports, City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 22 provide as-needed graphic design services and more. All efforts seek to keep the community informed about construction impacts, project milestones and public engagement opportunities.

Project Team: Principal Jennifer Nentwig, Director Cameron Grimm, Senior Business Analyst / Web Developer Melanie James, Business Analyst Melanie Moore and Junior Business Analyst Ethan de la Pena
Date of Engagement: 2021 to present

4. The City of Irvine tapped Tripepi Smith to support the City’s districting and council expansion public engagement project. Tripepi Smith created a comprehensive engagement plan to assist the City in its transition to district elections. Tripepi Smith helped set up a variety of community events including 12 in-person workshops, two virtual workshops and six pop-up events. To connect with Irvine’s diverse community, Tripepi Smith also provided social media outreach, graphic design support, press release development, an animated explainer video and more. Tripepi Smith also built out a standalone districting website for the City, which acts as an information hub on all matters related to the initiative.

Project Team: Principal Jennifer Nentwig, Business Analyst Kylie Sun, Junior Business Analyst Madeline Wilson and Junior Graphic Designer Alexis Mendez Date of Engagement: 2023 to present
Work Samples
We encourage you to see some of the work we have
done for our 180+ clients at www.TripepiSmith.com/Work.

City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 23 References
Description
City of Culver City
Shelly Wolfberg
Assistant to the City Manager
310.253.6008
[email protected]
9770 Culver Blvd, Culver City, CA 90232
Graphic design, video, web content management,
crisis comms, photo, newsletter production, email
campaigns/marketing, infographics, measure outreach,
social media, writing, communication assessment,
branding style guide, quarterly strategy meetings,
website content support
Period: 2016 to present
City of Big Bear Lake
Eric Sund
City Manager
949.300.2015
[email protected]
39707 Big Bear Blvd., Big Bear Lake, CA 92315
Strategic messaging, in-person workshops, virtual
forum, website content development, press releases,
advertisement placements, social media management,
project management and a summary report.

Period: 2023 to present
City of Foster City
Louis Sun
Public Works Director
650.286.3253
[email protected]
610 Foster City Blvd., Foster City, CA 94404
Website development and content updates, social
media management and monitoring, weekly enewsletter production, monthly metrics reporting, constituent hotline and email inquiry management,
event planning and facilitation, graphic design,
animated video production, press releases, project
management/weekly check-in calls.

Period: 2021 to present
City of Irvine
Brian King
Assistant City Manager
949.724.6246
[email protected]
1 Civic Center Plaza, Irvine, CA 92606
Project management, graphic design, social media
management, community outreach, press releases, inperson/virtual workshops, community pop-up events, website design and content development, animated
explainer video, translation services.

Period: 2023 to present

City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 24 6. PROJECT TEAM
It is anticipated that Principal Jon Barilone will serve as an advisor on the engagement, available to offer strategic advice and to make leadership presentations. Senior Business Analyst Sydni Overly will serve as account manager. She will be the main liaison for contracts and invoices and will also oversee the project team. Junior Business Analyst Alyson Nichols will act as lead project manager, overseeing deliverable schedules and quality assurance. Business Analyst Cailyn Thompson and Junior Business Analyst Devin Antonio will assist with project management and day-to-day project support. Additionally, Creative Director Kevin Bostwick and Senior Graphic Artist / Photographer Kjerstin Wingert will steer graphic design elements with support from Junior Graphic Artist Alexis Mendez. Animator / Videographer / Junior Business Analyst Audrin Baghaie and Business Analyst / Videographer Nolan Voge will collaborate on animated video needs, while Senior Business Analyst / Web Developer Melanie James will create the standalone website.

This core project team will have dedicated availability to aid the Malibu engagement. This also parlays into dedicated time to support the City on immediate notice and under time constraints. Of course, Tripepi Smith is a collaborative firm with many skillsets available. Any Tripepi Smith staff member may be brought onto Malibu’s project team to help with this public education effort. Tripepi Smith may assign or swap resources as needed to address client-specific needs or to leverage certain expertise when needed, but only after City approval.

Team Details
(See the Resume Attachment A for full professional experience, education and degrees) Team Member Role Description

Jon Barilone
Principal
Role: Strategic Advisor
Jon has a wide-ranging knowledge and skill set from years of Internet marketing and marketing communications work in a variety of industries. Jon’s professional background includes search engine optimization and advertising, website content management, content writing and editing, product marketing management, and significant experience with social media marketing and community management.

He has overseen and helped execute seven ballot measures for public agencies, including the City of Culver City, the City of Hawaiian Gardens, the City of Grover Beach and the City of Carson.

City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 25 Sydni Overly
Senior Business Analyst
Role: Account Manager

Sydni is a strong project manager with a background in public policy and local government. After studying Sociology at Boston University, she went on to receive her master’s degree in Public Administration from California State University, Long Beach. Sydni further developed her leadership skills at the City of Gardena, where she supported several municipal departments and gained extensive experience in intergovernmental relations, emergency management, community outreach and content creation. As a Senior Business Analyst for Tripepi Smith, Sydni manages a wide range of projects and provides strategic direction for staff to execute on client deliverables. In addition to her client work, Sydni is also the firm’s Sprout Social expert and helps optimize social media management practices.

Sydni’s client work includes: City of Covina, City of Grover Beach, City of La Verne, City of Pismo Beach, City of Rohnert Park, City of Santa Paula, City of San Luis Obispo, City of San Clemente and HSITAG.

Sydni is a certified Hootsuite Social Marketing Professional. She also earned her Sprout Social Platform Certification in 2021

Cailyn Thompson
Business Analyst
Role: Project Support
Cailyn brings a strong work ethic and open-minded dynamic to the Tripepi Smith Team with a background in recreation, collegiate athletics and event management. She graduated from St. John’s University (SJU) with a Master of Business Administration degree in Strategic Management and a Bachelor of Science degree in Sport Management with a minor in Business Administration. She developed her skills in leadership, organization and event management in her time at SJU with on-campus internships, the graduate assistantship program and summer employment with the City of Cypress
Recreation.

Cailyn is a certified Hootsuite Social Marketing Professional. Her client work includes the City of Tracy, City of Big Bear Lake, City of Blythe and the City of Vallejo.

City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 26 Alyson Nichols
Junior Business Analyst
Role: Project Manager
Alyson is a thoughtful and detail-oriented communicator, with a degree in Public Relations from Missouri State University. With work experience in retail, marketing and real estate, Alyson brings a unique background, and an excited, go-getter attitude to the Tripepi Smith team. She has a strong track record in social media and event planning, as well as in writing and high-volume operations from her experience in office administration.

Alyson is certified in Hootsuite Social Marketing. Her client work includes Pivot Charter Schools and Clean Energy Alliance.

Devin Antonio
Junior Business Analyst
Role: Project Support

Devin is a driven and creative individual with a background in photography, social media management, brand partnerships, and customer relations. She graduated from San Diego State University with a Bachelor of Science in Business Administration – Marketing.

Throughout college, she gained experience with content
development, market research and writing where she found her passion in storytelling. She enhanced her photography and marketing skills through freelancing and her marketing internship. As a Junior Business Analyst, Devin is inspired to help her clients with marketing to communicate creatively and informationally.

Devin is certified in Hootsuite Social Marketing, and Search Engine Optimization through HubSpot Academy.

City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 27 Kevin Bostwick
Creative Director
Role: Graphic Design
Advisor
Kevin is an experienced Art Director and creative manager. He delivers powerful ideas visually, distilling unexpected stories from challenging content and designing media for understanding and absorption. He directs and executes for digital, interactive and print mediums, delivering across a blend of channels, particularly for learning, data-display and presentation. His work for major clients has included digital tools, logos, presentation, interactive learning, advertising and print design. He navigates the whole ecosystem, working with high-powered stakeholders to shape concepts, UX, branding, strategy, writing, asset management, information architecture, and infographics.

Kevin's clients have included California State University San Marcos, Clean Energy Alliance (power provider for the cities of Carlsbad, Del Mar, Escondido, Oceanside, San Marcos, Solana Beach and Vista), Orange County (Health & Human Services, Social Services), City of Aliso Viejo, Culver City, City of Napa, City of San Leandro, City of Manteca, City of Livermore, City of Palmdale, Pivot Charter Schools, California Joint Powers Insurance Authority and Renne Public Law Group.

Kjerstin Wingert
Senior Graphic Artist /
Senior Photographer

Role: Graphic Design
Support
Kjerstin is a Senior Graphic Designer and Photographer with Tripepi Smith. After studying Business Administration at both the Ecole Supérieure Libre Des Sciences Commerciales Appliquéesis in Paris and Concordia University in Irvine, Kjerstin went on to receive her Advanced Production Certificate in Graphic Design from Golden West College in Huntington Beach. She began working as a freelance graphic designer in 2012 and joined the Tripepi Smith staff in 2015.

Kjerstin has advanced knowledge of various creative platforms including Adobe Illustrator, Adobe Photoshop and Adobe InDesign.

Kjerstin has experience leading an array of creative projects including creating and/or updating Branding and Style Guides, layout, graphic design, illustration and creative concept development. Her client work includes: City of La Cañada Flintridge, Inland Empire Utilities Agency, City of Culver City, City of Walnut, City of Cupertino, City of Saratoga, City of Livermore, California Joint Powers Insurance Authority and Costa Mesa Sanitary District.

City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 28 Melanie James
Web Developer / Senior
Business Analyst
Role: Web Developer
Melanie is a talented professional with a diverse skill set in graphic design, WordPress website design and development and project management. With a keen eye for aesthetics and graphic design, she creates visually captivating designs that capture a client’s vision. Her proficiency in web design, complemented by a deep understanding of HTML, CSS and industry trends, allows her to craft great websites that engage audiences. As a skilled project manager, she ensures seamless execution from start to finish, while her expertise in account management enables her to meet client expectations and build strong partnerships. Her versatile skill set and dedication to client success with efficient project execution provide exceptional results and client satisfaction.

Her clients include City of Tracy, City of Daly City, City of Bellflower, City of Huntington Beach, City of Fullerton, City of La Cañada Flintridge, City of Menifee, City of Paramount, Santa Clara County Fire Department, Rowland Water District, and Placer Mosquito Vector Control District.

Melanie is a certified Hootsuite Social Marketing Professional and Constant Contact Certified Solutions Provider and has completed the University of Southern California Executive Education Forum for Local Leaders and the University of California, Irvine Public Policy Making Academy II

Audrin Baghaie
Animator / Videographer
/ Junior Business Analyst
Role: Lead Animator
Audrin is an accomplished video editor with a wide variety of skills including marketing, content writing, production and more. He received a B.S. in Psychology and Statistics from the University of New Mexico and a B.A. in Audio Engineering from the Los Angeles Film School. Audrin is passionate about AV production, with a demonstrated history of creative media versatility in both the music and finance industry. He further pursued the field by editing for various outlets in social media and worked as a virtual conference operator by coordinating video and livestream production. Audrin has an extended international background, having lived abroad in both the Philippines and Singapore throughout his collegiate years.

Audrin is a certified Hootsuite Social Marketing Professional and has YouTube certifications in Content Ownership and Asset Management.

His client work includes the City of Paramount and the City of Fullerton City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 29 Nolan Voge
Business Analyst /
Videographer
Role: Animation Support
Nolan offers creative insight and technical solutions to the Tripepi Smith team with extensive knowledge in video systems, creative media projects and venue production. As a graduate of San Diego State University (SDSU), he received a Bachelor of Science degree in Television, Film and New Media with an emphasis in Production and a minor in Theatre Arts. He displayed his strong work ethic outside of the classroom by participating in nearly sixty projects relating to production. He further enhanced his experience as a content creator for the College of Education at SDSU, followed by employment in the government space. He previously practiced event videography, project management and his knowledge of video systems, computer systems and software with Empire Media Productions.

Nolan is Hootsuite Social Marketing and Sprout Social certified, holds a certification in Dante for audio solutions in production work and is a certified drone pilot with a Part 107-enabled license. His client work includes: City of Bellflower, City of Fullerton, City of Huntington Beach, City of Menifee, the California JPIA, Town of Yucca Valley, Water Replenishment District (WRD) and City of Villa Park.

Alexis Mendez
Junior Graphic Designer
Role: Graphic Design
Support
Alexis is a visual communicator and problem solver, specializing in motion graphics, illustration, layout, and brand identity. He graduated from Cal Poly Pomona with a B.F.A. in Visual Communication Design.

During his time in college, he developed his skills as a graphic designer during his internship at Orange County Transportation Authority (OCTA). During his time as an intern, he designed digital and print materials to produce flyers, brochures, posters, and advertisements that reached over thirty cities. Additionally, he worked on creating work for the California Express Lanes, including reports, charts, forms and maps.

City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 30 7. COST PROPOSAL The City has requested a fixed set of deliverables with a wide range of potential add-on services, specifically in Tasks 2 and 3. As a result, we have broken down the cost proposal into a combination of Fixed Bid elements and Time & Materials elements. The Time & Materials approach allows the City to “ramp up” or “ramp down” efforts according to findings surfaced during Task 1, as well as budget and priorities.

In this section, we provide set costs for the Fixed Bid elements of our proposed scope of work, as well as estimated costs for potential Time & Materials deliverables. We expect this work will be implemented over the course of 12 months, as requested in the City’s RFP.

NOTE: Should the City determine Tripepi Smith is the most qualified and responsive vendor, but has a budget number that it must hit, then Tripepi Smith remains open to collaborating with City Staff to narrow the scope engagement or refine our understanding of the scope needs and will modify our pricing accordingly. 2023-24 Standard Hourly Rates
We’ve applied the following rates to the cost estimates shown on the next pages.

Title Resource Hourly - Standard
Principal $350.00
Director $240.00
Art/Creative Director $240.00
Senior Business Analyst $190.00
Business Analyst $130.00
Junior Business Analyst $105.00
Senior Videographer/Animator $190.00
Senior Photographer/Graphic Designer $175.00
Photographer/Videographer $120.00
Graphic Designer $120.00
Junior Graphic Designer $105.00
Web Developer $195.00
Drone Operator $195.00
Council Chamber A/V Operator $105.00
City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 31 Detailed Cost Estimates
As previously mentioned, we’ve broken the cost estimate down into Fixed Bid (One-Time) Costs, as well as Time & Materials (As-Needed) Costs. We highly encourage referring to the Proposed Scope of Work section for details regarding the Tasks and Subtasks outlined below.

Task Subtask(s) Price Payment Format

FIXED BID (ONE-TIME) COSTS
Task 1 – Conduct
Introduction Meeting with
City Staff and Leadership to
Develop the Community
Engagement Strategy
A. Community
Engagement and
Outreach Plan
Report
B. Brand
Identification
$10,905.00 TWO MILESTONES

1. Kickoff (50%):
$5,452.50

2. Final Delivery/30 Days
After Draft Delivery
(50%): $5,452.50
Task 2 – Create and
Distribute Conversation
Toolkit (Community
Outreach)
A. FlashVote Survey $14,900.00 ONE MILESTONE
Task 2 – Create and
Distribute Conversation
Toolkit (Community
Outreach)
B. Purpose-Built Website $7,720.00 TWO MILESTONES

1. Kickoff (30%):
$3,860.00

2. Final Delivery/30 Days
after Draft Delivery
(30%): $3,860.00
Task 4 – Prepare Final
Community Outreach and
Engagement Outcomes
Report
A. Community
Outreach and
Engagement
Outcomes Report
B. City Council
Presentation
$14,475.00 THREE MILESTONES

1. Kickoff (30%):
$4,342.50

2. Final Delivery/30 Days
after Draft Delivery
(30%): $4,342.50

3. City Council
Presentation (40%):
$5,790.00

TIME & MATERIALS (AS-NEEDED) COSTS
City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 32 Task 2 – Create and
Distribute Conversation
Toolkit (Community
Outreach)
C. Every-Other-Week
Check-In Calls
(Virtual)
D. Press Release
and/or News
Article Writing
E. Social Media
Management
F. Graphic Design
G. Animated Video
H. Website Content
Maintenance
I. Radio Advertising
J. Newspaper
Advertising
K. Digital Advertising
L. Translation
Services
~$58,685.00 Billed on an as-needed
basis.

Excludes extraneous fees
for print, mailing and
advertising. However, we
recommend a minimum
additional budget of
$75,000 for these fees,
but it will require deeper
discussion with the City.

To aid the City in its
budget planning, we are
factoring this
recommended minimum
budget into the grand
total for proposed scope
of work in this proposal.

Task 3 – Facilitate
Engagement Process
A. Workshop
Facilitation,
Livestreaming and
Recording (In
Person)
B. Forum Facilitation
and Recording
(Virtual)
C. Pop-Up Events (In
Person)
~ $14,065.00 Billed on an as-needed
basis. Travel costs
included in estimate.

Vendor Service Total $120,750.00
Recommended Budget for Extraneous Fees $75,000.00
GRAND TOTAL $195,750.00
City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 33 Summary of Cost Estimates
Below is a high-level overview of the cost estimate information outlined in the preceding table.

Task Price
Task 1 – Conduct Introduction Meeting with City Staff and Leadership to Develop the Community Engagement Strategy
$10,905.00
Task 2 – Create and Distribute Conversation Toolkit (Community Outreach) $81,305.00 Task 3 – Facilitate Engagement Process $14,065.00
Task 4 – Prepare Final Community Outreach and Engagement Outcomes Report
$14,475.00
Vendor Service Total $120,750.00
Recommended Budget for Extraneous Fees $75,000.00
GRAND TOTAL $195,750.00
Payment Terms
Billing & Invoices
Fixed Bid (One-Time) deliverables will be billed upon each payment milestone.

For Time & Materials work, time at Tripepi Smith is billed in 15-minute increments – i.e. we invoice our time in the following examples: 1.25, 0.75, 4.0 or 6.5 hours. Any requested ad hoc work will be invoiced at the end of the month in which the work was done.

Terms are net 30 days.

Annual Increase
Tripepi Smith will increase the hourly rates and retainer fees for all resources by five percent (5%) or the national CPI index — whichever is higher — each year on the anniversary of the contract, starting on the first anniversary of any contract when the contract duration is longer than one year. Otherwise, new rates will be negotiated with each new contract renewal period.

Other Costs
Because Tripepi Smith offers a broad set of services, we have some other related fees that may come up during our engagement that we want to tell you about.

Travel Costs
Travel costs must be pre-authorized and then will be reimbursed by the City for any requested travel. Travel costs to be covered are for airfare, lodging and car rental. If Tripepi Smith is requested to be onsite, we will invoice for travel time at half rate of the resource’s applicable Hourly Rate.

City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 34 Equipment Costs
Tripepi Smith offers some services that require equipment, such as drone operations and video production.

As such, in those cases, the following rates apply:

Title Half Day Full Day
Video Equipment $400 $600
Drone Equipment N/A $500
MEVO Equipment N/A $400
• Six-hundred dollars ($600) for a full day of video equipment use (includes full set of video equipment).

Full day is defined as a shoot lasting four (4) or more hours. • Four-hundred dollars ($400) for a half day of video equipment use. Half day is defined as anything under four (4) hours of video production. All such expenses will be authorized by the City prior to fee being assessed.
• Four-hundred dollars ($400) for a MEVO (livestream) equipment use. Not inclusive of MEVO operator time (Videographer hourly rate).
• Five-hundred dollars ($500) per day drone fee applies and is not inclusive of the drone operator time (Drone Operator rate).

Service Fees
Typically, Tripepi Smith prefers to have service providers bill the client directly to avoid additional administrative costs and because we have no economic interest in the service provider selection. If Tripepi Smith is asked to pay the bill for the client, we will apply a ten percent (10%) agency fee to the reimbursement expense. Typical services include, but are not limited to:
• Print Costs: Tripepi Smith is happy to use a printer of the client’s choosing for print production work, or to recommend a printer with whom we have experience. • Digital Advertising: Tripepi Smith is a Google Partner and Constant Contact Solution Provider and has Facebook Certified staff. We consider digital platforms to be a cornerstone element of any outreach strategy; often this comes with digital advertising fees. • Media Placement: Tripepi Smith can help liaise on behalf of the City for advertising space within various mediums, such as newspapers, magazines or websites. • Voiceover, Translation and Closed Caption Fees: Tripepi Smith occasionally uses third-party resources to record voiceovers for videos, generate closed captions for videos, and for non-English language translations.

Tripepi Smith Partnership Discounts
Tripepi Smith has financial interest in certain related entities. These partnerships allow Tripepi Smith to offer clients extra media reach or additional services at partner pricing. Partnerships include:

PublicCEO
– digital news about public affairs, reaching over 17,000 California government executives City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 35 www.PublicCEO.com
Civic Business Journal
– digital interest stories about the people in local government www.CivicBusinessJournal.com
FlashVote
– planning, implementing, measuring civic surveys
www.FlashVote.com
TS Talent Solutions
– talent search services for local government and related agencies www.TSTalentSolutions.com

8. SIGNATORIES

1. Professional Services Agreement (PSA)
Tripepi Smith affirms having reviewed the City’s PSA provided with the RFP and finds all terms and conditions to acceptable.

2. Authorization
As co-founder and president of Tripepi Smith, Ryder Todd Smith is qualified to enter into agreements with the City of Malibu and to make the statements on behalf of the firm. This proposal is valid for ninety (90) days from the date of submission.

3. Insurance
Insurance certificates will be provided prior to contract execution. Tripepi Smith routinely provides insurance certificates to prove we meet the contracting requirements of public agencies throughout California. We are willing and able to comply with the insurance requirements.

4. Incorporation
Founded in 2000 and incorporated in 2002 as a California S Corporation, Tripepi Smith is based in Orange County. FEIN: 73-1642614 California Business License: C2414674

5. Tripepi Smith states that:

It can legally conduct business in the state and county in which work is proposed.

It has not colluded in any fashion with other respondents which would restrict or eliminate competition.

No employee or official of the proposed has a material or monetary interest in this contract.

It is not aware of any other actual or potential conflict of interest related to this proposal and the projects being implemented.

It agrees to use and comply with the terms of the City of Malibu’s Professional Services Agreement provided along with the RFP. Tripepi Smith shall comply with the California Labor Code, including City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 36 regulations on Federal Labor Standards provisions, Federal Prevailing Wage Decision, State of California Prevailing Wage Rates, and the City of Malibu’s Minimum Wage Ordinance.

6. Conflict of Interest Disclosure and Ethics
Tripepi Smith operates in a complex marketplace that is more political than most industries. As a result, conflicts of interest (real or perceived) can arise. The first and foremost obligation of Tripepi Smith is to outline all existing client relationships to prospects so as to let the prospect determine if a conflict exists. Currently, Tripepi Smith does not see any conflicts with the proposed work. Tripepi Smith also has no past, current or pending litigation resulting from professional services rendered over the last five years.

To read more about Tripepi Smith’s commitment to ethics:
www.TripepiSmith.com/About-Us/#Ethics

Tripepi Smith & Associates, Inc.

PO Box 52152, Irvine, CA 92619
[email protected] • (626) 536-2173
www.TripepiSmith.com

Ryder Todd Smith, President & CEO
Nicole D. Smith, Chief Financial Officer
City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 37 ATTACHMENT A: RESUMES
City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 38 JON BARILONE
TRIPEPI SMITH – PRINCIPAL 03/15 – PRESENT
• Provide key account project management, strategy and support for communication and marketing initiatives • Develop content, direct staff and manage timely deliverables to ensure results for clients • Mentor talent and provide innovative leadership on new marketing efforts and platforms CONNECTED LEARNING ALLIANCE – COMMUNITY MANAGER 09/11 – 03/15 • Lead development and reporting of metrics for measuring growth of a distributed, international community • Oversaw all aspects (programming, production, etc.) of webinar series that reached over 135 countries CORINTHIAN COLLEGES – SOCIAL MEDIA SPECIALIST 07/09 – 09/11 • Grew and managed online communities that spanned three brands with over 30,000+ total members • Developed brand sentiment scoring system to produce customized monthly reports for executives SEOP, INC. – DIRECTOR OF ONLINE REPUTATION MANAGEMENT 04/08 – 05/09 • Spearheaded brand-new company service, turning it into a $200,000+ business within one year • Improved client retention rates and decreased client attrition rates by enhancing company's own digital footprint

EDUCATION
CLAREMONT MCKENNA COLLEGE – CLAREMONT, CA
• Bachelor of Arts in English/Literature

PROFESSIONAL DEVELOPMENT
• CAPIO “Social Media Academy for Government Communicators” Workshop 03/19 • Nextdoor for Public Agency Administrators Training 11/18 • CAPIO “Back to Basics – for PIOs by PIOs” Workshop 10/16 • UCI Extension Public Policy Making Academy II 05/16
• USC Executive Education Forum for Policy and Administration 11/15 • Davenport Institute for Public Engagement and Civic Leadership – Advanced Public Engagement for Local Government • CAPIO Emergency Communications Academy 05/22

CERTIFICATIONS
• Siteimprove Academy: Digital Governance by Design 10/20 • Google Ads Video 04/20
• Twitter Flight School Video 04/20
• UDEMY: The 2019 Complete SEO Course 08/19
• Google Academy for Ads: YouTube and Google My Business 04/19 • Twitter Flight School 05/18
• Hootsuite Social Marketing 03/16
• Sprout Social Agency 04/21

City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 39 SYDNI OVERLY
TRIPEPI SMITH – SENIOR BUSINESS ANALYST 12/22 – PRESENT • Manage various project strategies and budgets
• Provide direction for staff to execute on deliverables • Facilitate public meetings and workshops for clients
TRIPEPI SMITH – BUSINESS ANALYST 05/21 – 11/22
• Serve as project management lead for several clients
• Develop communication and outreach strategies that align with client initiatives • Create and publish newsletters, press releases, social media and website content CITY OF GARDENA – ADMINISTRATIVE AIDE – EMERGENCY SERVICES COORDINATOR 04/19 – 05/21 • Managed the Emergency Management Program and served as the Emergency Operations Center Coordinator and Public Information Officer for COVID-19
• Supported the Economic Development Manager in policy research and presentations, including cannabis regulations • Wrote and edited public press releases, speeches and resolutions on behalf of the City Manager and elected officials CITY OF GARDENA – RECREATION COORDINATOR 11/18 – 04/19
• Organized and managed City fundraisers and events for the Human Services Division • Designed and implemented an internship program for the Human Services Division • Donation management, community outreach and case management for the Emergency Food and Resource Program CITY OF GARDENA – RECREATION LEADER II 06/18 – 11/18
• Operational analysis of recreation programs to modernize processes • Planned and facilitated Citywide events

EDUCATION
• Bachelor of Arts in Sociology – Boston University – Boston, MA – Cum Laude o NFCA All-American Scholar Athlete
• Master of Public Administration – California State University, Long Beach – Long Beach, CA

CERTIFICATIONS
• Hootsuite Social Marketing 05/21
• FEMA Professional Development Series (PDS) 09/19
• Poynter ACES Certificate in Editing 08/20
• Sprout Social 02/22

SOFTWARE
● Canva
● Google Suite
● Microsoft Office
● WordPress
● Hootsuite and Sprout Social
● CivicPlus

City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 40 CAILYN THOMPSON
TRIPEPI SMITH – JUNIOR BUSINESS ANALYST 09/21 – PRESENT • Conduct market research to provide client insights
• Manage social media platforms and respond to public questions • Write stories and press releases for the firm’s website and city clients CITY OF CYPRESS – DAY CAMP DIRECTOR 04/19 – 09/21
• Planned and coordinated the program’s day-to-day operations • Managed participant information, camp supply records and resource records • Directed staff trainings and conducted weekly planning meetings ST. JOHN’S UNIVERSITY – ATHLETIC ADMINISTRATION GRADUATE ASSISTANT 09/19 – 05/21 • Assisted with the coordination and creation of game contracts for 16 NCAA Division I teams • Supported the Deputy Athletics Director by organizing the staffing and operation of the Athletic Fueling Station • Maintained program budgets and expense reports
ST. JOHN’S UNIVERSITY – ATHLETIC EQUIPMENT OPERATIONS INTERN 09/18 – 05/19 • Assisted in the daily operations of equipment procurement • Maintained inventory and assisted with the distribution of equipment for 16 NCAA Division I teams, team staff and athletics departmental staff
ST. JOHN’S UNIVERSITY – ATHLETIC EVENTS AND PROGRAMMING INTERN 09/16 – 05/19 • Supported the Assistant Athletics Director by overseeing Division I game day operations • Assisted with event planning and management
• Acted as site supervisor for external events
• Conducted daily walkthroughs of athletic facilities including Carnesecca Arena, Belson Stadium and Jack Kaiser Stadium

EDUCATION
• Master of Business Administration in Strategic Management – St. John’s University – Queens, NY • Bachelor of Science in Sport Management – St. John’s University – Queens, NY

CERTIFICATIONS
• Hootsuite Social Marketing 09/21
• Facebook Blueprint 02/22
• Sprout Social 02/22

SOFTWARE
● Adobe Lightroom
● Adobe Acrobat
● Microsoft Office
● Google Suite
● Concur Solutions

City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 41 ALYSON NICHOLS
TRIPEPI SMITH – JUNIOR BUSINESS ANALYST 04/22 – PRESENT • Conduct market research to provide client insights
• Manage social media and respond to public questions
• Write stories and press releases for the firm’s website and city clients WORTHE REAL ESTATE GROUP – OFFICE ADMINISTRATOR, ACCOUNTING ASSISTANT 10/19 – 03/22 • Delivered promotional content to the creative production team and organized and logged ongoing footage • Collaborated with graphic designers to provide art direction for promotional artwork development • Researched the competitive landscape, analyzed valuable partnerships and arrange visual presentations CARIUMA AND CANN – RETAIL/MARKETING ASSOCIATE 05/19 – 09/19 • Drove new customer acquisition by owning sales profess from pitch to sale • Planned and hosted promotional events and partner collaborations held in pop-up space • Collaborated with marketing to ideate effective and unique social media and in-store campaigns MISSOURI STATE UNIVERSITY PRSSA CHAPTER – PR CHAIR AND SOCIAL MEDIA INTERN 05/17 – 05/18 • Ran social media accounts and teams, driving member growth 100% year over year • Initiated networking opportunities and student events, including a regional conference and monthly chapter meetings • Coordinated fundraising and publicity efforts with local businesses

EDUCATION
• Bachelor of Science in Public Relations, Minor in English – Missouri State University – Springfield, MO

CERTIFICATIONS
• Hootsuite Social Marketing 04/22

SOFTWARE
Microsoft Office Suite Google Suite Canva
City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 42 DEVIN ANTONIO
TRIPEPI SMITH – JUNIOR BUSINESS ANALYST 06/23 – PRESENT • Conduct market research to provide client insights
• Manage social media and respond to public questions
• Write stories and press releases for the firm’s website and city clients • Photography for events, professional headshots and branded stock images STATE FARM INSURANCE – AGENT TEAM MEMBER 01/2O – 06/23
• Developed and maintained relationships with customers to understand their needs • Identified opportunities to cross-sell and upsell insurance products • Ensured client satisfaction by responding to inquiries and resolving issues in a timely manner ZUM RADIO, INC. – MARKETING INTERN 06/22 – 08/22
• Researched market trends to identify market segments
• Developed and implemented marketing strategies and content • Monitored the effectiveness of campaigns
FREELANCE PHOTOGRAPHER 01/16 – 12/18
• Photography events, families, products and stock images SYNERGY GLOBAL ENTERTAINMENT – BRAND PARTNERSHIPS 01/16 – 12/18 • Negotiated partnerships with brand for music festivals and artists • Managed existing brand partnerships, implemented activated plans and tracked ROI’s • Developed creative content to promote both the music festivals and sponsors

EDUCATION
• Bachelor of Arts, Business Administration – San Diego State University – San Diego, CA

CERTIFICATIONS
• Hootsuite Social Marketing 06/23
• Search Engine Optimization – HubSpot Academy 01/23
• Property and Casualty Insurance License 01/21

SOFTWARE
● Microsoft Office Suite ● Adobe Photoshop and Lightroom ● Canva City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 43 KEVIN BOSTWICK
TRIPEPI SMITH – CREATIVE DIRECTOR 10/19 – PRESENT
• Consult, design, and execute on premium design projects. Assist team of junior to senior graphic artists by providing inspiration, creative direction and workflow management
• Manage client accounts and creative presentation, encourage business development where the focus is design • Ensure quality assurance, brand consistency and overall visual quality. Establish high technical standards, manage internal and external creative resources and vendors, provided project management and consulting KB GRAPHIC STUDIO – PRINCIPAL 01/03 – 10/19
• Content strategy and information design for both digital and print communications • Data visualizations, interactive components, information models, and diagrams used for assessment, learning, marketing, and presentation
• Some projects: Canon, Walmart, Coca-Cola, HP, Google, PNC, Clarkson University, Goodwill KORN FERRY INTERNATIONAL – ART DIRECTOR 01/12 – 03/18
• Design for talent acquisition, leadership training, performance and retention • Development of internal brands and product lines, white-label offerings, and client brands • Lead design process for stakeholders (product owners, SMEs, business strategists, etc.) • Some internal clients: Futurestep, Hay Group, Lominger, Global Novations • Some external clients: Chevron, Johnson & Johnson, 7 Habits, Cemex, Fonterra, Genentech MARRIOTT INTERNATIONAL – ART DIRECTOR 01/03 – 01/12
• Graphic design for advertising, logos, presentations, brochures and magazines • Data visualizations, interactive components, information models, and diagrams • Some Marriott projects: JW Marriott, Marriott Resorts, Renaissance, Marriott Brand Family CLAREMONT MCKENNA COLLEGE – SENIOR GRAPHIC DESIGNER 08/11 – 06/12 • Design and management of creative assets, vendor relations, pre-press. • Some Claremont McKenna projects: admissions brochures, alumni magazine, logo development

EDUCATION
• Bachelor of Arts in Philosophy/Literature – Reed College – Portland, OR SKILLS
● Strategy, development, blended
media
● Wireframes, storyboards
● Data design and infographics
● Brand development
● User stories, UX, information
architecture
● Implementation, engineering,
production
● Adobe Creative Suite
● Microsoft Office
● Creative workflow and
agile management
City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 44 KJERSTIN WINGERT
TRIPEPI SMITH – SENIOR GRAPHIC ARTIST 03/15 – PRESENT
• Lead graphic artist on layout, graphic design, illustrations and creative concepts • Photography for events, professional portraits, journal publications and branded stock imagery KIRKWOOD EDUCATIONAL PROGRAM – GRAPHIC DESIGNER 05/13 – 02/15 • Design and layout of educational materials
• Created animated educational videos that provide a fun and interactive learning experience • Edited audio and video clips to convey clear and concise information FREELANCE GRAPHIC DESIGN 12/12 – 02/15
• Design and layout of newsletters, flyers, websites and ads • Creation of new and updated logo designs
SAVINGS IN OC – GRAPHIC DESIGN INTERN 08/12 – 11/12
• Created, updated, and maintained advertisements and promotions for existing clientele • Proofread monthly publications for any spelling errors, misprints and distorted images

EDUCATION
• Graphic Design Advanced Production Certificate – Golden West College – Huntington Beach, CA • Bachelor of Arts in Business Administration, Marketing – Concordia University – Irvine, CA o Dean’s List Recipient
• Bachelor of Business Administration, Management – Ecole Supérieure Libre des Sciences Commerciales Appliquéesis – Paris, France
o Graduated Magna Cum Laude

PROFESSIONAL DEVELOPMENT
• UCI Public Policy Making Academy I 03/19
• USC Executive Education Forum for Policy and Administration 03/17

CERTIFICATIONS
● Hootsuite Social Marketing 02/19

SOFTWARE
Adobe Illustrator
Adobe Photoshop
Adobe InDesign
Adobe Acrobat
Adobe Lightroom
Constant Contact
Adobe Premiere
Adobe After Effects
Microsoft Office
City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 45 MELANIE JAMES
TRIPEPI SMITH – SENIOR BUSINESS ANALYST/GRAPHIC ARTIST 07/16 – PRESENT • Graphic artist on layout and concept design of brand consistent print and web graphics • Lead Tripepi Smith’s cablecasting and videography services • Provide project management and account support for numerous clients • Setup, assistance and publication of e-newsletter campaigns and additional email marketing • Website design, modification, and maintenance
SVA ARCHITECTS – EXECUTIVE ASSISTANT 06/14 – 07/16
• Scheduled and managed meeting calendar for executive management team • Assisted the marketing department with occasional graphic design projects, email blasts and copy writing • Provided office management support including HR and payroll support THE DESIGN OFFICE – GRAPHIC DESIGN INTERN 01/16 – 05/16 • Created infographics, business cards, postcards, book covers, photobooks, magazines and logos • Assisted in printing processes from concept to completion • Coached in areas of business development, marketing strategies, campaign development and execution

EDUCATION
• Associate of Arts in Digital Arts – Golden West College – Huntington Beach, CA • Bachelor of Arts in Anthropology – California State University, Long Beach – Long Beach, CA - o Dean’s List Recipient

PROFESSIONAL DEVELOPMENT
• UCI Extension Public Policy Making Academy II 03/18
• USC Executive Education Forum for Policy and Administration 03/17

CERTIFICATIONS
• Constant Contact Certified Solutions Provider 10/19
• Hootsuite Social Marketing 12/16

SOFTWARE
● Adobe Illustrator
● Adobe InDesign
● Adobe Photoshop
● WordPress
● HTML and CSS
● Hootsuite
● Constant Contact
● Canva
● Microsoft Office
City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 46 AUDRIN BAGHAIE
TRIPEPI SMITH – JUNIOR BUSINESS ANALYST 02/23 – PRESENT • Conduct market research to provide client insights
• Manage social media and respond to public questions
• Write stories and press releases for the firm’s website and city clients OPEN EXCHANGE – PRODUCTION SPECIALIST 09/20 – 09/22
• Produced and edited video content from live virtual conference operations • Built online showcase for clients to attend and contribute to live virtual events • Worked closely with US conference delivery team to identify client requirements, objectives and scope CREATE MUSIC GROUP – PUBLISHING ADMINISTRATOR 09/18 – 03/20 • Onboarded, registered and archived clients to international publishing rights organizations • Provided project management and account support for numerous clients • Prepared metadata and publishing info in sync catalog; pitched clients for sync-licensing UNM DAILY LOBO – RADIO HOST/REPORTER 01/17 – 05/18
• Broadcasted daily radio show; archived music content and ran board according to FCC protocol • Reported on cultural events and broadcasted interviews for regularly scheduled programming • Content editing/writing, researched and edited stories for multimedia publication

EDUCATION
• Bachelor of Science, Psychology and Statistics – University of New Mexico – Albuquerque, • Bachelor of Arts, Audio Engineering – Los Angeles Film School – Los Angeles, CA

CERTIFICATIONS
• Hootsuite Social Marketing 02/23
• YouTube Certified: Content Ownership 04/20
• YouTube Certified: Asset Management 04/20

SOFTWARE
● Adobe Suite
● WordPress
● JavaScript
● ProTools
● Canva
● Ableton Live
● Microsoft Office
● Logic Pro X
● HTML
City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 47 NOLAN VOGE
TRIPEPI SMITH – JUNIOR BUSINESS ANALYST 1/22 – PRESENT
• Conduct photography and videography work
• Manage video systems for broadcast television and various venues • Collaborate on content creation for numerous platforms EMPIRE MEDIA PRODUCTIONS – PROJECT MANAGER, VIDEOGRAPHER, PHOTOGRAPHER 6/20 – 12/21 • Obtained a diverse understanding of video systems in varied environments • Trained and assisted employees throughout scenarios prominent in video production • Directed employees to jobsites and events for best outcome of media • Participated in the production process, including setup and breakdown of equipment PLACENTIA YORBA LINDA UNIFIED SCHOOL DISTRICT – COMPUTER INSTRUCTIONAL SPECIALIST 09/20 – 06/21 • Taught primary-level students on the importance of proper computer use • Assisted faculty and staff with their technology services and internal systems on campus • Maintained computer labs and server rooms and kept track of routine software and hardware updates • Supervised students in assorted environments, including computer labs COLLEGE OF EDUCATION, SDSU – VIDEOGRAPHER, PHOTOGRAPHER, SOCIAL MEDIA TECHNICIAN 08/17 – 08/20 • Created promotional pieces, interactive virtual reality video and commercial content for the program • Photographed staff, faculty, alumni and students of high achievement, as well as campus events and seminars PLACENTIA YORBA LINDA UNIFIED SCHOOL DISTRICT – DISTRICT VIDEOGRAPHER 06/18 – 08/18 • Directed content, advertisements and interviews of staff and faculty of the district • Represented the school district at media events to encourage attendance of the schools alongside students of other programs

EDUCATION
• Bachelor of Science in Television, Film and New Media (Production), Minor in Theatre Arts – San Diego State University – San Diego, CA

CERTIFICATIONS
• Hootsuite Social Marketing 01/22
• Dante Certification Program – Levels 1 and 2 10/20
• Sprout Social 02/22
• Drone Certification – Part 107 for Commercial Flying

SOFTWARE
● Adobe Premiere Pro
● Adobe Photoshop
● Adobe Lightroom
● Microsoft Office and Google Suite
● Adobe Illustrator
● Adobe InDesign
● Adobe After Effects
● Final Cut Pro X
● ATEM Software Control
● ATEM Media Express
● Cablecast Systems
● Leightronix Systems
● Davinci Resolve
City of Malibu / RFP for Community Outreach and Engagement Consulting for City Owned Vacant Lots 48 ALEXIS MENDEZ
TRIPEPI SMITH – JUNIOR GRAPHIC DESIGNER 07/23 – PRESENT • Draft layouts for print and digital media
• Develop custom illustrations to create captivating visuals • Manipulate photos to enhance and modify images
• Produce compelling motion graphics
ORANGE COUNTY TRANSPORTATION AUTHORITY – GRAPHIC DESIGN INTERN 11/21 – 07/23 • Designed print material using Adobe programs for flyers, brochures, posters and advertisements • Drafted layout and typographic designs for reports, maps, charts, forms and interactive media • Conceptualized online marketing graphics, web visuals and display ads for corporate website • Collaborated in a team to create mock-up designs simulating project work for clients REGAL CINEMAS – SENIOR TEAM LEAD 04/17 – 07/21
• Coordinated film marketing events and interactive activities to drive customer engagement • Produced weekly film synopsis book with compelling visual film advertisement • Oversaw 50+ employees during daily building operations CRESCENT FOX STUDIOS – 2D GAME ARTIST 12/17 – 10/18
• Developed visual elements for mobile game applications in a small team-based setting • Created game interface using wire frames and prototypes for easy to navigate user experience • Marketed graphics for promoting upcoming mobile applications through social media campaigns

EDUCATION
• Bachelor of Fine Arts, Visual Communication Design – California State Polytechnic University, Pomona – Pomona, CA

CERTIFICATIONS
• Hootsuite Social Marketing 08/23

SOFTWARE
● Adobe Creative Suite ● Microsoft Office ● Illustration

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of February 12, 2024, by and between the City of Malibu (hereinafter referred to as the "City"), and Tripepi Smith and Associates, Inc. (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

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

B. The City desires to contract out for consulting services for certain projects relating City-Owned Vacant Lots.

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

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

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

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

2.0 TERM OF AGREEMENT. This Agreement will become effective on February 12, 2024, and will remain in effect for a period of one year from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

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

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work’s fee and cost schedule. The cost of services shall not exceed one-hundredthirty thousand dollars ($130,000) for the term of the agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

Attachment #3
Agreement for Professional Services
Tripepi Smith and Associates, Inc.