Malibu City Council
February 26, 2024

PLEASE DOWNLOAD THE AGENDA DOCUMENT FOR

INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING
Amended Meeting Agenda
CC240226_AGENDA_AMENDED.PDF
Item 3A1
Second Reading and Adoption of Ordinance No. 515
CC240226_ITEM 3A1.PDF
Item 3B2
Approve Warrants
CC240226_ITEM 3B2.PDF
Item 3B3
Approval of Minutes
CC240226_ITEM 3B3.PDF
Item 3B4
Initiate Amendments to Malibu Municipal Code Chapter 17.41 (Malibu Dark Sky) CC240226_ITEM 3B4.PDF
Item 3B5
Approval of Final Parcel Map No. 82250
CC240226_ITEM 3B5.PDF
Item 3B6
Professional Services Agreement for City Hall Solar Power Project

1. Documents:

2. Documents:

3. Documents:

4. Documents:

5. Documents:

6. Documents:

7. Documents:

Item 3B6
Professional Services Agreement for City Hall Solar Power Project CC240226_ITEM 3B6.PDF
Item 3B7
Los Angeles County Measure M Transportation Funding Agreement CC240226_ITEM 3B7.PDF
Item 3B8
Memorandum of Understanding with Los Angeles County Flood Control District CC240226_ITEM 3B8.PDF
Item 3B9
Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway (PCH)
CC240226_ITEM 3B9.PDF
Item 3B10
Investment Report for the Month Ending January 31, 2024 CC240226_ITEM 3B10.PDF
Item 3B11
Amendment to Professional Services Agreement with Civic Solutions, Inc.

CC240226_ITEM 3B11.PDF
Item 3B12
Report on Planning Clearances Issued for Formula Retail Businesses within Cross Creek Ranch Shopping Center (Location: 23465 Civic Center Way) pursuant to Settlement Agreement between City of Malibu and Cross Creek Ranch Malibu, LLC CC240226_ITEM 3B12.PDF

7. Documents:

8. Documents:

9. Documents:

10. Documents:

11. Documents:

12. Documents:

13. Documents:
gy
CC240226_ITEM 3B12.PDF
Item 4A
Appeal No. 23-008 - Appeal of Planning Commission Resolution No. 23-52 (Skatepark at 24250 Pacific Coast Highway; Appellant, 600 Spring LLC) CC240226_ITEM 4A.PDF
CC240226_ITEM 4A_SUPPLEMENTAL.PDF
Item 4B
Approval of Use of Community Development Block Grant (CDBG) funds for Fiscal Year 2023-2024
CC240226_ITEM 4B.PDF
Item 6A
Strategic Plan Project Update (Continued from February 12, 2024) CC240226_ITEM 6A.PDF
Item 6B
Wastewater and Recycled Water Rate Study and Proposed Rates CC240226_ITEM 6B.PDF
Item 6C
Mid-Year Commission Activity Reports
CC240226_ITEM 6C.PDF
Item 6D
Potential Settlement Agreement Regarding Dispute with Owner of Adjacent Property (600 Spring LLC) Related to Proposed Skatepark located at 24250 Pacific Coast Highway CC240226_ITEM 6D_.PDF
Item 7A
Proposed Advocacy for Changes to the California State Vehicle Code to Deter Excessive Speeding on PCH (Mayor Pro Tem Stewart and Councilmember Grisanti) (Continued from Documents:

14. Documents:

15. Documents:

16. Documents:

17. Documents:

18. Documents:

19. Documents:

20. CC240226_ITEM 6D_.PDF
Item 7A
Proposed Advocacy for Changes to the California State Vehicle Code to Deter Excessive Speeding on PCH (Mayor Pro Tem Stewart and Councilmember Grisanti) (Continued from February 12, 2024)
CC240226_ITEM 7A.PDF

20. Documents:

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

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

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

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

Amended1 Malibu City Council
Regular Meeting Agenda
Monday, February 26, 2024
5:30 P.M. - CLOSED SESSION
City Hall – Council Chambers (call to order)
Westward Room (closed session)
23825 Stuart Ranch Road
6:30 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/87613113897
Five-thirty p.m. Convene for Purpose of Closed Session
Call to Order – Mayor (Council Chambers)
Public Comment on Closed Session Items
1 See the updated recommendation for Ordinances and Public Hearings Item No. 4A and the addition of New Business Item No. 6D AMENDED City Council Regular Meeting Agenda Page - 2 - February 26, 2024 Recess to Closed Session (to be held in the Westward Room) This time has been set aside for the City Council to meet in a closed session to discuss matters pursuant to Government Code Section 54956.9. Based on the advice of the City Attorney, discussion in open session concerning these matters would prejudice the position of the City in this litigation. The City Attorney will give an additional oral report regarding the Closed Session at the beginning of the next regular City Council meeting.

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

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

1. Case Name: City’s Petition to Form Malibu USD from Territory in the Santa Monica-Malibu USD Six-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Closed Sessin Report
Report on Posting of Agenda – February 16, 2024; Amended Agenda posted February 23, 2024 Approval of Agenda

1. Ceremonial/Presentations
A. Presentation of Commendations to Los Angeles County Sheriff’s Deputies Francisco Espinoza, Jake Lobato, Daniel Bautista, and Rick Vigil for their Rescue of a Drowning Individual

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

B. Commission / Committee / City Manager Updates
C. City Council Subcommittee reports / Mayor and Councilmember meeting attendance, reports and inquiries
AMENDED City Council Regular Meeting Agenda Page - 3 - February 26, 2024

3. Consent Calendar
A. Previously Discussed Items

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

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

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

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

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 71512-71653 on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 741 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,405,039.46. City of Malibu payroll check number 5407-5410 and ACH deposits were issued in the amount of $409,692.21.

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

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

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

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

Staff Contact: Planning Director Mollica, 456-2489, ext. 346 AMENDED City Council Regular Meeting Agenda Page - 4 - February 26, 2024

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

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

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

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

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

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

8. Memorandum of Understanding with Los Angeles County Flood Control District Recommended Action: Authorize the Mayor to execute a Memorandum of Understanding with Los Angeles County Flood Control District in the amount of $500,000 for the Civic Center Water Treatment Facility – Phase 2.

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

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

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

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

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224 AMENDED City Council Regular Meeting Agenda Page - 5 - February 26, 2024

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

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

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

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

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

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

Staff Contact: Planning Director Mollica, 456-2489, ext. 346 B. Approval of Use of Community Development Block Grant (CDBG) funds for Fiscal Year 2023- 2024
Recommended Action: 1) Conduct the public hearing; and 2) Adopt Resolution No. 24-09 authorizing and approving the use of $9,791 in CDBG Funds for Malibu Community Labor Exchange (MCLE) and the use of $55,485 in CDBG Funds for a permanent trailer for MCLE.

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

5. Old Business
None.

AMENDED City Council Regular Meeting Agenda Page - 6 - February 26, 2024

6. New Business
A. Strategic Plan Project Update (Continued from February 12, 2024) Recommended Action: Receive and file a progress report on the Strategic Plan Projects.

Staff Contact: City Manager McClary, 456-2489, ext. 226 B. Wastewater and Recycled Water Rate Study and Proposed Rates Recommended Action: 1) Receive presentation on the 2024 Wastewater and Recycled Water Rate Study; 2) Authorize the mailing of the Proposition 218 notices to the affected property owners; and 3) Direct staff to schedule a Public Hearing for the April 22, 2024 City Council meeting to establish wastewater and recycled water service rates for Fiscal Years 2024-25, 2025-26, 2026-27, and 2027-28.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339 C. Mid-Year Commission Activity Reports
Recommended Action: 1) Receive and file mid-year activity reports from the Harry Barovsky Memorial Youth Commission, Malibu Arts Commission, Parks and Recreation Commission, Public Safety Commission, and Public Works Commission; and 2) Amend Commission assignments for Fiscal Year 2023-2024, if appropriate.

Staff Contact: City Manager McClary, 456-2489, ext. 226 D. Potential Settlement Agreement Regarding Dispute with Owner of Adjacent Property (600 Spring LLC) Related to Proposed Skatepark located at 24250 Pacific Coast Highway Recommended Action: Consider proposed settlement agreement and approve the agreement (with or without modifications), decline to enter the agreement, or provide further direction to staff.

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

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

Staff Contact: City Manager McClary, 456-2489, ext. 226 Adjournment
AMENDED City Council Regular Meeting Agenda Page - 7 - February 26, 2024 Future Meetings
Monday, March 11, 2024 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, March 20, 2024 TBD Special City Council Meeting City Hall Council Chambers Monday, March 25, 2024 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Guide to the City Council Proceedings
The Oral Communication portion of the agenda is for members of the public to present items, which are not listed on the agenda but are under the subject matter jurisdiction of the City Council. No action may be taken under, except to direct staff, unless the Council, by a two-thirds vote, determines that there is a need to take immediate action and that need came to the attention of the City after the posting of the agenda. Although no action may be taken, the Council and staff will follow up, at an appropriate time, on those items needing response. Each speaker is limited to three (3) minutes.

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

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

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

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

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

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

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

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

City Council meetings are aired live and replayed on City of Malibu Government Access Channel 3 and are available on demand on the City’s website at www.malibucity.org/video. Copies of the staff reports or other written documentation relating to each item of business described above are on file in the office of the City Clerk, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, and are available for public inspection during regular office hours, which are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. Friday. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection AMENDED City Council Regular Meeting Agenda Page - 8 - February 26, 2024 immediately upon distribution in the City Clerk's office at 23825 Stuart Ranch Road, Malibu, California (Government Code Section 54957.5.b.2). Copies of staff reports and written materials may be purchased for $0.10 per page.

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

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

I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting. Dated this 23rd day of February 2024 at 5:25 p.m.

Kelsey Pettijohn, City Clerk

Agenda Item # 3.A.1.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: February 13, 2024 Meeting date: February 26, 2024 Subject: Second Reading and Adoption of Ordinance No. 515 RECOMMENDED ACTION: Conduct second reading, unless waived, and adopt Ordinance No. 515 determining the project is categorically exempt from the California Environmental Quality Act and adding Chapter 15.30 to Title 15 of the Malibu Municipal Code (MMC) to create a process to regulate exterior elevated elements within the City.

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 February 12, 2024, the Council introduced on first reading Ordinance No. 515.

ATTACHMENT: Ordinance No. 515
City Council Meeting
02-26-24
Item

3.A.1.
1 Attachment #1
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.
2 Ordinance No. 515

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“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 3 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
4 Ordinance No. 515

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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 5 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 6 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 7 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
8 WARRANT REGISTER NO. 741
On February 26, 2024, the Malibu City Council allowed and approved warrant demand numbers 71512-71653 from the General Fund. The City Manager is hereby directed to pay out the funds named hereon to each of the claimants listed, the amount appearing opposite their name for the purpose stated on the respective demands, making a total of $2,405,039.46. City of Malibu payroll check numbers 5407-5410 and ACH deposits were issued in the amount of $409,692.21.

PASSED, APPROVED and ADOPTED this 26th day of February 2024. ____________________________________________
Steve Uhring
Mayor
ATTEST:
____________________________________________
Kelsey Pettijohn
City Clerk

CERTIFICATE
In accordance with Government Code Sections 37202 and Malibu Municipal Code 3.08.050, I hereby certify that: (1) the claims or demands set forth in the warrant register(s) listed below and attached hereto and incorporated herein by this reference in the aggregate amount of $2,814,731.67 have been audited as to their accuracy; and (2) sufficient funds have been appropriated by the City Council and are available for the payment thereof.

EXECUTED this 15th day of February 2024, AT MALIBU, CALIFORNIA ______________________________________________
Steve McClary
City Manager
City Council Meeting
2-26-24
Item

3.B.2.

DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Accounts Payable
User:

Printed:
sflores
2/14/2024 8:08 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 71512 13STARS 13 Stars Media 02/02/2024 0.00 3,037.66
71513 ALLKAR Karmel Allison 02/02/2024 0.00 250.00
71514 ANAWALT Anawalt Lumber Co., Inc 02/02/2024 0.00 153.77 71515 APWA American Public Works Association 02/02/2024 0.00 1,809.00 71516 ASOCREAL Malibu Association of Realtors 02/02/2024 0.00 50.00 71517 BURNS Burns Pacific Construction Inc 02/02/2024 0.00 25,712.47 71518 CALISKAT California Skateparks 02/02/2024 0.00 14,600.00 71519 CASTRATE California Strategies & Advocacy LLC 02/02/2024 0.00 25,000.00 71520 CHAVEZL Larry Chavez 02/02/2024 0.00 120.00
71521 CHEVRON2 Wright Express FSC Wex Bank 02/02/2024 0.00 1,623.19 71522 CMS Richard Comi 02/02/2024 0.00 600.00
71523 CONEJOA Conejo Awards 02/02/2024 0.00 35.96
71524 COPPCOR Corey Copp 02/02/2024 0.00 250.00
71525 COTTON Cotton,Shires & Associates,Inc 02/02/2024 0.00 2,357.00 71526 DEPTTRA State of California Department of Transportation 02/02/2024 0.00 24,282.71 71527 DIMALJIN Jingo G. Dimalanta 02/02/2024 0.00 540.00 71528 FASTDEER Fast Deer Bus Charter Inc. 02/02/2024 0.00 1,863.00 71529 FOXWEATH Fox Weather, LLC 02/02/2024 0.00 1,400.00 71530 FRONTIER Frontier California Inc 02/02/2024 0.00 4,693.53 71531 GMZENG GMZ Engineering Inc 02/02/2024 0.00 922,841.88 71532 HALLSEA Sean Hallahan 02/02/2024 0.00 250.00
71533 HARTSEL Bob Harts Electric, Inc. 02/02/2024 0.00 2,569.03 71534 KENNEYP Patrick Kenney 02/02/2024 0.00 300.00
71535 KIMLEY Kimley-Horn and Associates Inc 02/02/2024 0.00 98,760.23 71536 KOFF Gallagher Benefit Services, Inc. 02/02/2024 0.00 6,475.00 71537 LACOANI LA Co Animal Care & Control 02/02/2024 0.00 13,954.54 71538 LACOCLE LA County Registrar-Recorder LA Co Clerk 02/02/2024 0.00 75.00 71539 LACOCLE LA County Registrar-Recorder LA Co Clerk 02/02/2024 0.00 75.00 71540 LEMMOR Richard Lemmo 02/02/2024 0.00 150.00
71541 LOVMAR Mara Love 02/02/2024 0.00 530.00
71542 LUKEMI Emily Lukasik 02/02/2024 0.00 250.00
71543 MASTERCO Master Cooling Corporation 02/02/2024 0.00 1,733.70 71544 MINDRYLL The Mindry LLC 02/02/2024 0.00 300.00
71545 MNS MNS Engineers, Inc. 02/02/2024 0.00 8,696.25
71546 MONTHARD Montgomery Hardware Co. 02/02/2024 0.00 12,315.64 71547 MORRICK Ricky Morris 02/02/2024 0.00 120.00
71548 MOSSER Mosser Plumbing & Heating Inc 02/02/2024 0.00 275.00 71549 MRGLLC Municipal Resource Group LLC 02/02/2024 0.00 9,000.00 71550 MUTKAT Katherine Mutchler 02/02/2024 0.00 1,575.00 71551 OJEJAN Janet Ojeda 02/02/2024 0.00 250.00
71552 OSBJNAN Nancy Jo Osborne 02/02/2024 0.00 300.00
71553 PARSARS Public Agency Retirement Srvcs 02/02/2024 0.00 300.00 71554 PEPWAY Wayne Pepper 02/02/2024 0.00 250.00
71555 REGENCYL Regency Enterprises Inc 02/02/2024 0.00 149.86 71556 RINCONC Rincon Consultants, Inc 02/02/2024 0.00 22,692.25 71557 CASTDIS California State Disbursement Unit 02/06/2024 0.00 339.69 71558 ICMA457 ICMA-MissionSquare Retirement - 303615 02/06/2024 0.00 17,100.63 AP Checks by Date - Summary by Check Number (2/14/2024 8:08 AM) Page 1 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Check No Vendor No Vendor Name Check Date Void Checks Check Amount 71559 ICMACM ICMA-MissionSquare Retirement - 108658 02/06/2024 0.00 600.00 71560 ICMADH ICMA-MissionSquare Retirement - 108650 02/06/2024 0.00 1,000.00 71561 USBANK2 U.S. Bank 02/06/2024 0.00 1,607.90
71562 ALBCYN Cynthia Alba 02/08/2024 0.00 213.75
71563 AMTECH Pacific Coast Elevator Corp. 02/08/2024 0.00 1,700.07 71564 ANAWALT Anawalt Lumber Co., Inc 02/08/2024 0.00 19.18 71565 APPLE AppleOne 02/08/2024 0.00 2,605.68
71566 ARCIR ARC Imaging Resources 02/08/2024 0.00 2.81
71567 BURDGE Burdge & Associates Architects 02/08/2024 0.00 454.17 71568 BYRELE Elena Karina Byrne 02/08/2024 0.00 150.00
71569 CDTFA2 California Department of Tax & Fee Administration 02/08/2024 0.00 697.78 71570 CHARTWEL Chartwell Escrow Inc 02/08/2024 0.00 239.00 71571 CHAVEZL Larry Chavez 02/08/2024 0.00 150.00
71572 COASTLI Jeff Turner 02/08/2024 0.00 2,650.00
71573 CRASTE Steven Crane 02/08/2024 0.00 4,622.50
71574 CRPRINT CR PRINT 02/08/2024 0.00 1,507.19
71575 DIMALJIN Jingo G. Dimalanta 02/08/2024 0.00 120.00 71576 ENHANCED Landscape Development, Inc. 02/08/2024 0.00 45,820.00 71577 EXCELOFF Excel Office Services 02/08/2024 0.00 2,494.76 71578 FUHRMANG Glen Fuhrmann 02/08/2024 0.00 120.00
71579 GIINDUS G.I. Industries 02/08/2024 0.00 54.23
71580 HARTSEL Bob Harts Electric, Inc. 02/08/2024 0.00 1,791.82 71581 HASSNAT Nathan Hassall 02/08/2024 0.00 150.00
71582 JAMESPER James Perse Enterprises Inc 02/08/2024 0.00 48.59 71583 KENNEYP Patrick Kenney 02/08/2024 0.00 150.00
71584 LACOCLE LA County Registrar-Recorder LA Co Clerk 02/08/2024 0.00 75.00 71585 LACOCLE LA County Registrar-Recorder LA Co Clerk 02/08/2024 0.00 75.00 71586 LACOCLE LA County Registrar-Recorder LA Co Clerk 02/08/2024 0.00 75.00 71587 LACOCLE LA County Registrar-Recorder LA Co Clerk 02/08/2024 0.00 75.00 71588 LACOCLE LA County Registrar-Recorder LA Co Clerk 02/08/2024 0.00 75.00 71589 LACOSHE LA Co Sheriff's Department 02/08/2024 0.00 901,432.77 71590 LACOWAT LA Co MalibuTreasurer-Waterworks 02/08/2024 0.00 7,746.97 71591 LARRYWAL Larry Walker Associates, Inc 02/08/2024 0.00 123.00 71592 LEMMOR Richard Lemmo 02/08/2024 0.00 50.00
71593 LIVESCAN Paige S Apar 02/08/2024 0.00 275.00
71594 MASTERCO Master Cooling Corporation 02/08/2024 0.00 2,032.90 71595 MINDRYLL The Mindry LLC 02/08/2024 0.00 300.00
71596 ROZYAC Yacov Rozenfeld 02/02/2024 0.00 250.00
71597 RPBARRI R P Barricade, Inc. 02/02/2024 0.00 4,365.98 71598 SAHGHAZ Ghazal Saheli 02/02/2024 0.00 200.00
71599 SMASH Smash Athletics Inc 02/02/2024 0.00 90.13
71600 TRENCH Tom Malloy Corporation 02/02/2024 0.00 3,696.00 71601 VALLEYBA Valley Backflow Inc. 02/02/2024 0.00 255.00 71602 VANSMATT Matthew Van Scoyk 02/02/2024 0.00 20.79
71603 WAKKEL Kelly Wakeland 02/02/2024 0.00 250.00
71604 WATREC Water Resources Economics 02/02/2024 0.00 11,402.50 71605 WONKIL Kiley Wong 02/02/2024 0.00 250.00
71606 WOODCURR Woodard & Curran Inc. 02/02/2024 0.00 8,171.33 71607 YUNEX Siemens Mobility. Inc. 02/02/2024 0.00 1,166.02 71608 NATIONA National Construction Rentals, Inc 02/08/2024 0.00 5,116.85 71609 PEGASUS Robert Michael Schwieger 02/08/2024 0.00 6,990.00 71610 PEOPCON Ocean Park Community Center 02/08/2024 0.00 34,673.00 71611 RASCEC Cecilia Raspe 02/08/2024 0.00 275.59
71612 RPBARRI R P Barricade, Inc. 02/08/2024 0.00 627.03 71613 SAFEGUAR Safeguard Business Systems, Inc. 02/08/2024 0.00 1,710.21 71614 SCEDISO Southern California Edison Company 02/08/2024 0.00 30,938.21 71615 SCMAF So CA Municipal Athletic Federation 02/08/2024 0.00 145.00 AP Checks by Date - Summary by Check Number (2/14/2024 8:08 AM) Page 2 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Check No Vendor No Vendor Name Check Date Void Checks Check Amount 71616 SIERRAER Sierra Ergonomics Inc 02/08/2024 0.00 1,059.78 71617 SKROLE Olena Skrypets 02/08/2024 0.00 200.00
71618 SOLIDWA Solid Waste Solutions, Inc. 02/08/2024 0.00 26,651.52 71619 STAPLES Staples Contract & Commercial LLC 02/08/2024 0.00 788.51 71620 TMOBILE T-Mobile USA Inc 02/08/2024 0.00 261.33
71621 TREGEO Georg Treu 02/08/2024 0.00 495.00
71622 TURCOL Coli Turner 02/08/2024 0.00 361.51
71623 ULTMAINT Ultimate Maintenance Services Inc 02/08/2024 0.00 8,025.00 71624 VALLEYBA Valley Backflow Inc. 02/08/2024 0.00 485.00 71625 VERIZONW Verizon Wireless Services LLC 02/08/2024 0.00 4,075.78 71626 WAXIE Waxie's Enterprises LLC 02/08/2024 0.00 197.98 71627 WILLSCOT Williams Scotsman Inc 02/08/2024 0.00 5,801.92 71628 WOODMAIN Woods Maintenance Services, Inc 02/08/2024 0.00 2,271.61 71629 WYLSHI Shifra Wylder 02/08/2024 0.00 200.00
71630 XEROXFIN Xerox Corporation 02/08/2024 0.00 783.40 71631 BACHBRAN Brandt Bacha 02/09/2024 0.00 160.00
71632 BROWNJU Jude Brown 02/09/2024 0.00 285.00
71633 CARONWEN Wendy Caron 02/09/2024 0.00 120.00
71634 FRANELIZ Elizabeth Franco 02/09/2024 0.00 250.00
71635 GIBSTAN Tanya Gibbs 02/09/2024 0.00 15.00
71636 GRIFFJEN Jennifer Griffin 02/09/2024 0.00 21.86
71637 LAGUTA Anna Lagutenko 02/09/2024 0.00 107.00
71638 LEZAMAJ Joseph Lezama 02/09/2024 0.00 344.95
71639 LIPPMAN Peter Lippman 02/09/2024 0.00 700.00
71640 LITTLEFO Elana Foxx 02/09/2024 0.00 1,050.00
71641 LIVESCAN Paige S Apar 02/09/2024 0.00 165.00
71642 MALBOARD Malibu Boardriders Club 02/09/2024 0.00 359.56 71643 MANTD Dirk Manthey 02/09/2024 0.00 367.00
71644 MAUCK Kevin Mauch 02/09/2024 0.00 1,710.00
71645 MORGISAB Isabelle Morgenthaler 02/09/2024 0.00 33.33 71646 MUCHMOR Jessie Muchmore 02/09/2024 0.00 315.00
71647 ONEIE Eleanor O'Neill 02/09/2024 0.00 136.11
71648 PEOPCON Ocean Park Community Center 02/09/2024 0.00 24,652.00 71649 PERLSON Soniya Perl 02/09/2024 0.00 290.00
71650 ROSTHAN Hanna Ortquist Rostampor 02/09/2024 0.00 50.00 71651 SMITDAN Daniel Smith 02/09/2024 0.00 87.50
71652 TAGKEND Kendra Tag 02/09/2024 0.00 136.11
71653 TOPPE Elizabeth Topp 02/09/2024 0.00 120.00
Report Total (142 checks): 0.00 2,405,039.46
AP Checks by Date - Summary by Check Number (2/14/2024 8:08 AM) Page 3 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A User:

Printed: 02/14/2024 - 8:08AM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Checks from: 00071512 To: 00071653
Account Number Description Vendor Description Check No Amount Section 1: 100
Section 2:0000
100-0000-3431-00 Public Works Project Review F Dirk Manthey Reissue Ck#57885 - Refund Permit Fees 71643 367.00 Vendor Subtotal for Section 2:0000 367.00
Section 2:0000
100-0000-3434-01 STR Permit Fee Georg Treu Ref- STR 22-0137, 20647 Seaboard Rd 71621 495.00 Vendor Subtotal for Section 2:0000 495.00
Section 2:0000
100-0000-3464-00 Youth Sports Program Fees Tanya Gibbs Reissue Ck#66244 - Refund Tennis Fees 71635 15.00 Vendor Subtotal for Section 2:0000 15.00
Section 2:0000
100-0000-3464-00 Youth Sports Program Fees Jennifer Griffin Reissue Ck#58786 - Refund Canceled Volleyball Classes 71636 21.86 Vendor Subtotal for Section 2:0000 21.86
Section 2:0000
100-0000-3464-00 Youth Sports Program Fees Eleanor O'Neill Reissue Ck#60446 - Refund Volleyball Fee 71647 136.11 Vendor Subtotal for Section 2:0000 136.11
Section 2:0000
100-0000-3464-00 Youth Sports Program Fees Kendra Tag Reissue Ck#60462 - Refund Volleyball Fee 71652 136.11 AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 1 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 136.11
Section 2:0000
100-0000-3464-01 Girls Youth Sports Program Isabelle Morgenthaler Reissue Ck#59136 - Refund Canceled Tennis Class Fees 71645 33.33 Vendor Subtotal for Section 2:0000 33.33
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Jude Brown Reissue Ck#61272 - Refund Class Fees 71632 285.00 Vendor Subtotal for Section 2:0000 285.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Brandt Bacha Reissue Ck#63620 - Refund Baseball/Softball Camp 71631 160.00 Vendor Subtotal for Section 2:0000 160.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Wendy Caron Reissue Ck#57726 - Refund Basketball Camp Fees 71633 120.00 Vendor Subtotal for Section 2:0000 120.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Jessie Muchmore Reissue Ck#64728 - Refund Surf Camp Fee 71646 315.00 Vendor Subtotal for Section 2:0000 315.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Soniya Perl Reissue Ck#60569 - Refund Surf Camp Fees 71649 290.00 Vendor Subtotal for Section 2:0000 290.00
Section 2:0000
100-0000-3467-00 Day Camp Fees Daniel Smith Reissue Ck#65882 - Refund Surf Camp Fee 71651 87.50 Vendor Subtotal for Section 2:0000 87.50
Section 2:0000
AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 2 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount 100-0000-3467-00 Day Camp Fees Elizabeth Topp Reissue Ck#57714 - Refund Basketball Camp Fee 71653 120.00 Vendor Subtotal for Section 2:0000 120.00
Section 2:0000
100-0000-3470-00 Community Classes Karmel Allison Ref- Parent and Me Soccer Cancelled 71513 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
100-0000-3470-00 Community Classes Mara Love Ref- Theater, Hip Hop, Nature Detectives Cancelled 71541 530.00 Vendor Subtotal for Section 2:0000 530.00
Section 2:0000
100-0000-3470-00 Community Classes Hanna Ortquist Rostampor Reissue Ck#65135 - Refund Gardening Workshop Fee 71650 50.00 Vendor Subtotal for Section 2:0000 50.00
Section 2:0000
100-0000-3470-00 Community Classes Ghazal Saheli Ref- Barre Fitness Cancelled 71598 200.00 Vendor Subtotal for Section 2:0000 200.00
Section 2:3001
100-3001-5100-00 Professional Services Fox Weather, LLC Weather Forecasting Svcs - Dec '23 71529 700.00 100-3001-5100-00 Professional Services Fox Weather, LLC Weather Forecasting Svcs - Jan '24 71529 700.00 Vendor Subtotal for Section 2:3001 1,400.00
Section 2:3001
100-3001-5120-00 Street Maintenance Burns Pacific Construction Inc Task 7: Yard Rental - Dec '23 71517 7,500.00 Vendor Subtotal for Section 2:3001 7,500.00
Section 2:3001
100-3001-5123-00 Storm Response Burns Pacific Construction Inc Task 4: Storm Response - Dec '23 71517 18,212.47 AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 3 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3001 18,212.47
Section 2:3001
100-3001-5124-00 Traffic Signal Maintenance State of California Department of Transportation PCH Signal Maint Jul to Sep '23 71526 24,282.71 Vendor Subtotal for Section 2:3001 24,282.71
Section 2:3001
100-3001-5124-00 Traffic Signal Maintenance Siemens Mobility. Inc. Traffic Signal Maint - Nov '23 71607 606.00 100-3001-5124-00 Traffic Signal Maintenance Siemens Mobility. Inc. Traffic Signal Maint - Call Outs - Nov '23 71607 560.02 Vendor Subtotal for Section 2:3001 1,166.02
Section 2:3001
100-3001-5722-00 Electricity Southern California Edison Company St Lighting - Dec '23 71614 3,176.27 100-3001-5722-00 Electricity Southern California Edison Company Rambla Light - Dec '23 71614 27.48 100-3001-5722-00 Electricity Southern California Edison Company Winter Cyn - Dec '23 71614 103.00 100-3001-5722-00 Electricity Southern California Edison Company Cross Creek Rd Ped - Dec '23 71614 15.45 100-3001-5722-00 Electricity Southern California Edison Company Traffic Control - Dec '23 71614 114.55 100-3001-5722-00 Electricity Southern California Edison Company Broad Beach - Dec '23 71614 18.63 100-3001-5722-00 Electricity Southern California Edison Company Webb Way Signal - Dec '23 71614 210.68 Vendor Subtotal for Section 2:3001 3,666.06
Section 2:3001
100-3001-6160-00 Operating Supplies Anawalt Lumber Co., Inc PW - Foam 71514 32.97 100-3001-6160-00 Operating Supplies Anawalt Lumber Co., Inc PW - Trowel & Concrete 71514 116.41 Vendor Subtotal for Section 2:3001 149.38
Section 2:3001
100-3001-6160-00 Operating Supplies R P Barricade, Inc. PW- CMS Board Rental 8/19 - 9/11/23 71597 2,265.98 100-3001-6160-00 Operating Supplies R P Barricade, Inc. PW- CMS Board Rental 7/19 - 8/19/23 71597 2,100.00 Vendor Subtotal for Section 2:3001 4,365.98
Section 2:3007
AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 4 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount 100-3007-5722-00 Electricity Southern California Edison Company CCSTF - Dec '23 71614 541.88 Vendor Subtotal for Section 2:3007 541.88
Section 2:3008
100-3008-5100-00 Professional Services Kimley-Horn and Associates Inc Task 6 - Grant Assistance Jul - Oct '23 71535 5,498.98 Vendor Subtotal for Section 2:3008 5,498.98
Section 2:3008
100-3008-5100-00 Professional Services MNS Engineers, Inc. Task 13: City-Wide Easement Research Nov '23 71545 8,696.25 Vendor Subtotal for Section 2:3008 8,696.25
Section 2:3008
100-3008-5125-00 Traffic Engineering Kimley-Horn and Associates Inc Task 13: PCH Traffic Data - Nov '23 71535 12,000.00 Vendor Subtotal for Section 2:3008 12,000.00
Section 2:3008
100-3008-5330-00 Dues & Memberships American Public Works Association Annual Membership Dues 71515 1,809.00 Vendor Subtotal for Section 2:3008 1,809.00
Section 2:4001
100-4001-5721-00 Telephone Frontier California Inc Bluffs Park - Phone/Internet - Jan '24 71530 344.27 100-4001-5721-00 Telephone Frontier California Inc Phone - Bluffs Secondary Internet 12/15/23 - 2/14/24 71530 1,010.12 Vendor Subtotal for Section 2:4001 1,354.39
Section 2:4001
100-4001-6160-00 Operating Supplies Conejo Awards General Rec Name Badges 71523 35.96 Vendor Subtotal for Section 2:4001 35.96
Section 2:4002
AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 5 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount 100-4002-5107-00 Contract Personnel Katherine Mutchler Instructor - Lifeguard Certification Course - Jan '24 71550 1,575.00 Vendor Subtotal for Section 2:4002 1,575.00
Section 2:4006
100-4006-5107-00 Contract Personnel Larry Chavez Referee- Youth Basketball (3) 1/20/24 71520 120.00 100-4006-5107-00 Contract Personnel Larry Chavez Referee- Middle School Basketball 1/26/24 (3) 71571 150.00 Vendor Subtotal for Section 2:4006 270.00
Section 2:4006
100-4006-5107-00 Contract Personnel Jingo G. Dimalanta Referee- Youth(6)/Middle School(6) Basketball Jan '24 71527 540.00 100-4006-5107-00 Contract Personnel Jingo G. Dimalanta Referee- Youth Basketball 1/27/24 (3) 71575 120.00 Vendor Subtotal for Section 2:4006 660.00
Section 2:4006
100-4006-5107-00 Contract Personnel Glen Fuhrmann Referee- Youth Basketball 1/27/24 (3) 71578 120.00 Vendor Subtotal for Section 2:4006 120.00
Section 2:4006
100-4006-5107-00 Contract Personnel Patrick Kenney Referee- Middle School Basketball (6) 1/12 & 1/19/24 71534 300.00 100-4006-5107-00 Contract Personnel Patrick Kenney Referee- Middle School Basketball 1/26/24 (3) 71583 150.00 Vendor Subtotal for Section 2:4006 450.00
Section 2:4006
100-4006-5107-00 Contract Personnel Richard Lemmo Referee- K-1 Youth Basketball (3) - Jan '24 71540 150.00 100-4006-5107-00 Contract Personnel Richard Lemmo Referee- K-1 Youth Basketball 1/27/24 71592 50.00 Vendor Subtotal for Section 2:4006 200.00
Section 2:4006
100-4006-5107-00 Contract Personnel Ricky Morris Referee- Youth Basketball (3) 1/13/24 71547 120.00 Vendor Subtotal for Section 2:4006 120.00
Section 2:4006
100-4006-5330-00 Dues & Memberships So CA Municipal Athletic Federation Bronze 2024 Group Membership 71615 145.00 AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 6 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4006 145.00
Section 2:4007
100-4007-5107-00 Contract Personnel Elana Foxx Reissue Ck#60319 - Instructor Yoga 71640 367.50 100-4007-5107-00 Contract Personnel Elana Foxx Reissue Ck#60319 - Instructor Parent & Me 71640 682.50 Vendor Subtotal for Section 2:4007 1,050.00
Section 2:4007
100-4007-5107-00 Contract Personnel The Mindry LLC Instructor - Yin Yoga/Meditation 1/20/24 71544 300.00 100-4007-5107-00 Contract Personnel The Mindry LLC Instructor - Teen Breathwork/Stress Mgmt Workshop 2/2/24 71595 300.00 Vendor Subtotal for Section 2:4007 600.00
Section 2:4007
100-4007-5401-00 Advertising & Noticing 13 Stars Media Ad- Winter Wellness Workshop 1/18/24 71512 268.00 Vendor Subtotal for Section 2:4007 268.00
Section 2:4008
100-4008-5107-00 Contract Personnel Nancy Jo Osborne Sr Luncheon Entertainment 2/13/24 71552 300.00 Vendor Subtotal for Section 2:4008 300.00
Section 2:4008
100-4008-6160-00 Operating Supplies Matthew Van Scoyk Reimb- Lunch for Sr Center Excursion 1/16/24 71602 20.79 Vendor Subtotal for Section 2:4008 20.79
Section 2:4010
100-4010-5100-00 Professional Services Landscape Development, Inc. City Parks Landscape Maint/Liners - Jan '24 71576 27,371.45 Vendor Subtotal for Section 2:4010 27,371.45
Section 2:4010
100-4010-5100-00 Professional Services Ultimate Maintenance Services Inc City Parks Janitorial Svcs - Jan '24 71623 3,675.00 AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 7 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4010 3,675.00
Section 2:4010
100-4010-5130-00 Parks Maintenance Anawalt Lumber Co., Inc CS - Hardware for Trancas Dog Park Signs 71564 19.18 Vendor Subtotal for Section 2:4010 19.18
Section 2:4010
100-4010-5130-00 Parks Maintenance Jeff Turner Bluffs Park - Dugout Rail Replacement 71572 2,650.00 Vendor Subtotal for Section 2:4010 2,650.00
Section 2:4010
100-4010-5130-00 Parks Maintenance Bob Harts Electric, Inc. Bluffs - Snack Shack Electrical Work 71533 254.04 100-4010-5130-00 Parks Maintenance Bob Harts Electric, Inc. Bluffs - Batting Cage Circuit 71580 1,791.82 Vendor Subtotal for Section 2:4010 2,045.86
Section 2:4010
100-4010-5130-00 Parks Maintenance National Construction Rentals, Inc Bluffs Park Fence 12/11/23 - 6/10/24 71608 3,234.85 Vendor Subtotal for Section 2:4010 3,234.85
Section 2:4010
100-4010-5130-00 Parks Maintenance Valley Backflow Inc. Charmlee Park - Backflow Testing 71601 85.00 Vendor Subtotal for Section 2:4010 85.00
Section 2:4010
100-4010-5610-00 Facility Maintenance Anawalt Lumber Co., Inc Bluffs Park - Brass Plug for Mop Sink 71514 4.39 Vendor Subtotal for Section 2:4010 4.39
Section 2:4010
100-4010-5610-00 Facility Maintenance Bob Harts Electric, Inc. Bluffs - MLC Restroom Electrical Repairs 71533 1,232.27 Vendor Subtotal for Section 2:4010 1,232.27
Section 2:4010
100-4010-5610-00 Facility Maintenance Mosser Plumbing & Heating Inc Trancas - Monthly Septic Maintenance - Jan '24 71548 275.00 AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 8 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4010 275.00
Section 2:4010
100-4010-5710-00 Facilities Lease/Rental National Construction Rentals, Inc Bluffs Park Portable Toilets 12/14/23 - 1/10/24 71608 941.00 100-4010-5710-00 Facilities Lease/Rental National Construction Rentals, Inc Bluffs Park Portable Toilets 1/11 - 2/7/24 71608 941.00 Vendor Subtotal for Section 2:4010 1,882.00
Section 2:4010
100-4010-5722-00 Electricity Southern California Edison Company Rambla Pacifico - Dec '23 71614 18.37 100-4010-5722-00 Electricity Southern California Edison Company Bluffs Park Lift Station - Dec '23 71614 103.20 100-4010-5722-00 Electricity Southern California Edison Company Community Svcs - Dec '23 71614 595.16 100-4010-5722-00 Electricity Southern California Edison Company PCH Median - Dec '23 71614 17.11 Vendor Subtotal for Section 2:4010 733.84
Section 2:4010
100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Cross Creek Irrigation 11/7/23 - 1/4/24 Acct#29649953 71590 459.35 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Trancas Park Irrigation 11/16/23 - 1/17/24 Acct#29648084 71590 1,361.77 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - PCH Median 11/7/23 - 1/4/24 Acct#29152979 71590 275.61 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Las Flores 10/16 - 12/13/23 Acct#29142887 71590 441.24 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Equestrian Park 11/14/23 - 1/11/24 Acct#29156963 71590 461.66 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Bluffs Park 11/27/23 - 1/24/24 Acct#29162657 71590 465.94 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Charmlee Park 11/16/23 - 1/17/24 Acct#29158670 71590 463.29 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Equestrian Park Fireline 11/14/23-1/11/24 Acct#29156414 71590 637.08 Vendor Subtotal for Section 2:4010 4,565.94
Section 2:4010
100-4010-6600-00 Equipment Parts Waxie's Enterprises LLC Versa Replacement Hose 71626 197.98 Vendor Subtotal for Section 2:4010 197.98
Section 2:4012
100-4012-5107-00 Contract Personnel Elena Karina Byrne Caffeinated Verse Poetry Workshop 1/20/24 71568 150.00 AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 9 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4012 150.00
Section 2:4012
100-4012-5107-00 Contract Personnel Nathan Hassall The Ripple Effect Poetry Workshop 1/27/24 71581 150.00 Vendor Subtotal for Section 2:4012 150.00
Section 2:4012
100-4012-5107-00 Contract Personnel Olena Skrypets Poetry Broadsides Project - Beg. Stipend 71617 200.00 Vendor Subtotal for Section 2:4012 200.00
Section 2:4012
100-4012-5107-00 Contract Personnel Shifra Wylder Poetry Broadsides Project - Beg. Stipend 71629 200.00 Vendor Subtotal for Section 2:4012 200.00
Section 2:7001
100-7001-5104-00 Lobbyist Services California Strategies & Advocacy LLC Lobbying Svcs - Jan '24 71519 12,500.00 100-7001-5104-00 Lobbyist Services California Strategies & Advocacy LLC Lobbying Svcs - Dec '23 71519 12,500.00 Vendor Subtotal for Section 2:7001 25,000.00
Section 2:7001
100-7001-6160-00 Operating Supplies Cynthia Alba Reimb- City Council Closed Session Dinner 1/22/24 71562 213.75 Vendor Subtotal for Section 2:7001 213.75
Section 2:7002
100-7002-5100-00 Professional Services Robert Michael Schwieger Broadcast Svcs - Jan '24 71609 6,990.00 Vendor Subtotal for Section 2:7002 6,990.00
Section 2:7003
100-7003-5100-00 Professional Services Cotton,Shires & Associates,Inc Geotech Review - MCLE Site 12/21/23 - 1/2/24 71525 2,357.00 Vendor Subtotal for Section 2:7003 2,357.00
AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 10 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount Section 2:7007
100-7007-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Ordinance 513 1/18/24 71512 52.02 100-7007-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Ordinance 509 2nd Reading 9/21/23 71512 363.00 100-7007-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Ordinance 511 Dec '23 71512 104.04 100-7007-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Ordinance 509 8/31/23 71512 141.52 100-7007-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Ordinance 510 Dec '23 71512 104.04 100-7007-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Ordinance 510 1/18/24 71512 52.02 100-7007-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Ordinance 513 Dec '23 71512 104.04 100-7007-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Ordinance 511 1/18/24 71512 52.02 Vendor Subtotal for Section 2:7007 972.70
Section 2:7021
100-7021-5100-00 Professional Services Kevin Mauch Reissue Ck#68766 - Parking Citation Hearing Officer 71644 120.00 100-7021-5100-00 Professional Services Kevin Mauch Reissue Ck#67691 - Parking Citation Hearing Officer 71644 690.00 100-7021-5100-00 Professional Services Kevin Mauch Reissue Ck#68766 - Parking Citation Hearing Officer 71644 120.00 100-7021-5100-00 Professional Services Kevin Mauch Reissue Ck#68766 - Parking Citation Hearing Officer 71644 90.00 Vendor Subtotal for Section 2:7021 1,020.00
Section 2:7021
100-7021-5106-00 Animal Control LA Co Animal Care & Control Animal Control - Dec '23 71537 13,954.54 Vendor Subtotal for Section 2:7021 13,954.54
Section 2:7021
100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Lost Hills - Dec '23 71589 834,575.65 100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Traffic Enforcement 12/3 -12/31/23 71589 21,645.46 100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Liaison 12/3 - 12/31/23 71589 22,544.00 Vendor Subtotal for Section 2:7021 878,765.11
Section 2:7021
100-7021-5119-00 Homeless Outreach and Support Ocean Park Community Center Homeless Svcs - Dec '23 71610 34,673.00 100-7021-5119-00 Homeless Outreach and Support Ocean Park Community Center Reissue Ck#65688 - Homeless Srvcs Outreach Program 71648 24,652.00 AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 11 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7021 59,325.00
Section 2:7021
100-7021-5119-01 Homeless Encampment Cleanups Woods Maintenance Services, Inc Encampment Cleanup and Dump Fees 71628 2,271.61 Vendor Subtotal for Section 2:7021 2,271.61
Section 2:7021
100-7021-5640-00 Equipment Maintenance Southern California Edison Company Tier - Dec '23 71614 136.97 Vendor Subtotal for Section 2:7021 136.97
Section 2:7031
100-7031-5100-00 Professional Services Kevin Mauch Reissue Ck#64367 - Parking Citation Hearing Officer 71644 300.00 100-7031-5100-00 Professional Services Kevin Mauch Reissue Ck#64593 - Parking Citation Hearing Officer 71644 390.00 Vendor Subtotal for Section 2:7031 690.00
Section 2:7054
100-7054-5100-01 City Treasurer Peter Lippman Reissue Ck#58478 - Treasurer Consulting Payment 71639 350.00 100-7054-5100-01 City Treasurer Peter Lippman Reissue Ck#57803 - Treasurer Consulting Payment 71639 350.00 Vendor Subtotal for Section 2:7054 700.00
Section 2:7054
100-7054-5117-00 Film Permit Consultant Solid Waste Solutions, Inc. Film Permits - Jan '24 71618 26,651.52 Vendor Subtotal for Section 2:7054 26,651.52
Section 2:7054
100-7054-5300-00 Travel and Training Cecilia Raspe FY 23/24 Tuition Reimbursement - Fall 2023 71611 275.59 Vendor Subtotal for Section 2:7054 275.59
AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 12 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount Section 2:7054
100-7054-5405-00 Printing Safeguard Business Systems, Inc. Payroll ACH Check Stock 71613 1,710.21 Vendor Subtotal for Section 2:7054 1,710.21
Section 2:7058
100-7058-5100-00 Professional Services Gallagher Benefit Services, Inc. Class and Comp Study - Dec '23 71536 6,475.00 Vendor Subtotal for Section 2:7058 6,475.00
Section 2:7058
100-7058-5320-00 Recruitment Expense Paige S Apar Fingerprinting - New Part Time Employees (5) 71593 275.00 100-7058-5320-00 Recruitment Expense Paige S Apar Reissue Ck#61162 - Livescan Services 71641 165.00 Vendor Subtotal for Section 2:7058 440.00
Section 2:7058
100-7058-5320-00 Recruitment Expense Municipal Resource Group LLC HR Support Svcs - Dec '23 71549 9,000.00 Vendor Subtotal for Section 2:7058 9,000.00
Section 2:7058
100-7058-6160-00 Operating Supplies Sierra Ergonomics Inc Workstation Ergonomics Assessment - Accounting Clerk 71616 529.89 100-7058-6160-00 Operating Supplies Sierra Ergonomics Inc Workstation Ergonomics Assessment - Accounting Tech 71616 529.89 Vendor Subtotal for Section 2:7058 1,059.78
Section 2:7059
100-7059-5210-00 Service Fees & Charges Public Agency Retirement Srvcs PARS Admin Fee - Nov '23 71553 300.00 Vendor Subtotal for Section 2:7059 300.00
Section 2:7059
100-7059-5640-00 Equipment Maintenance ARC Imaging Resources HP Pagewide XL4100MFP Meter Read 12/26/23 - 1/26/24 71566 2.81 Vendor Subtotal for Section 2:7059 2.81
AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 13 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount Section 2:7059
100-7059-5640-00 Equipment Maintenance Excel Office Services Copier Maint 12/17/23 - 1/16/24 71577 2,494.76 Vendor Subtotal for Section 2:7059 2,494.76
Section 2:7059
100-7059-5721-00 Telephone T-Mobile USA Inc Phones/iPads 12/21/23 - 1/20/24 71620 261.33 Vendor Subtotal for Section 2:7059 261.33
Section 2:7059
100-7059-5721-00 Telephone Verizon Wireless Services LLC Cell Phone Svcs 12/24/23 - 1/23/24 71625 4,075.78 Vendor Subtotal for Section 2:7059 4,075.78
Section 2:7059
100-7059-5800-00 Equipment Leases Xerox Corporation Xerox Lease - C70 - 1/20 - 2/19/24 71630 783.40 Vendor Subtotal for Section 2:7059 783.40
Section 2:7059
100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Non Departmental 71619 755.52 Vendor Subtotal for Section 2:7059 755.52
Subtotal for Section 1: 100 1,195,424.92
Section 1: 101
Section 2:0000
101-0000-3203-01 Special Investigation Fees Steven Crane Ref- Special Investigation Fees 27460 Latigo Bay 71573 View Dr 4,622.50 Vendor Subtotal for Section 2:0000 4,622.50
Section 2:0000
101-0000-3408-00 Biology Review Fees Burdge & Associates Architects Ref- Bio Fee CDP 16-047, 23741 Harbor Vista Dr 71567 430.00 AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 14 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 430.00
Section 2:0000
101-0000-3418-00 OWTS Operating Permit Fees Chartwell Escrow Inc Ref- OP 24-0066 Fee, 28856 Cliffside Dr 71570 239.00 Vendor Subtotal for Section 2:0000 239.00
Section 2:0000
101-0000-3419-00 Credit Card Fees Burdge & Associates Architects Ref- Credit Card Fee 71567 24.17 Vendor Subtotal for Section 2:0000 24.17
Section 2:0000
101-0000-3419-00 Credit Card Fees Joseph Lezama Reissue Ck#59975 - Refund ARC 19-063 71638 7.95 Vendor Subtotal for Section 2:0000 7.95
Section 2:0000
101-0000-3421-00 Planning Review Fees James Perse Enterprises Inc Ref- Planning Fees APR 23-068, 3939 Cross Creek Rd 71582 48.59 Vendor Subtotal for Section 2:0000 48.59
Section 2:0000
101-0000-3421-00 Planning Review Fees Anna Lagutenko Reissue Ck#59915 - Refund ACDP 20-016 71637 107.00 Vendor Subtotal for Section 2:0000 107.00
Section 2:0000
101-0000-3421-00 Planning Review Fees Joseph Lezama Reissue Ck#59975 - Refund ARC 19-063 71638 337.00 Vendor Subtotal for Section 2:0000 337.00
Section 2:2001
101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 6070 Merritt Dr - DMW 20-031 71538 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - City Wide Project - Ordinance Nos. 510/511 71539 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 20454 Pacific Coast Hwy - APR 23-049 71584 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 30745 Pacific Coast Hwy - CUPA 18-002 71585 75.00 AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 15 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 32852 Pacific Coast Hwy - CDP 21-048 7156 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 3705 Cross Creek Rd, Parcel - CDP 19-054 71587 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 6300 Zuma Mesa Dr - CDP 22-018 71588 75.00 Vendor Subtotal for Section 2:2001 525.00
Section 2:2001
101-2001-5300-00 Travel and Training Coli Turner Reimb- Meals, APA Ca 2023 Conference 9/16 - 9/19/24 71622 71.99 Vendor Subtotal for Section 2:2001 71.99
Section 2:2001
101-2001-5340-00 Transportation & Mileage Coli Turner Reimb- Mileage, APA Ca 2023 Conference 9/16 - 9/19/24 71622 289.52 Vendor Subtotal for Section 2:2001 289.52
Section 2:2001
101-2001-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Public Hearing 10-Day 1/25/24 71512 122.40 101-2001-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Public Hearing 21-Day 1/25/24 71512 159.12 101-2001-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - CCC Hearing on LCPA 1/25/24 71512 141.52 101-2001-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Public Hearing 1/18/24 71512 141.52 Vendor Subtotal for Section 2:2001 564.56
Section 2:2001
101-2001-5401-00 Advertising & Noticing CR PRINT Citywide Mailing 71574 466.98 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - Citywide 71574 234.93 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings 71574 805.28 Vendor Subtotal for Section 2:2001 1,507.19
Section 2:2001
101-2001-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Planning 71619 32.99 Vendor Subtotal for Section 2:2001 32.99
Section 2:2004
AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 16 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount 101-2004-5100-00 Professional Services Kimley-Horn and Associates Inc Task 10: Dark Sky Analysis - Oct '23 71535 30,000.00 101-2004-5100-00 Professional Services Kimley-Horn and Associates Inc Task 10: Dark Sky Analysis - Dec '23 71535 25,000.00 Vendor Subtotal for Section 2:2004 55,000.00
Section 2:2004
101-2004-5107-00 Contract Personnel AppleOne Temporary Staff - Office Assistant 1/13/24 71565 1,447.60 101-2004-5107-00 Contract Personnel AppleOne Temporary Staff - Office Assistant 1/20/24 71565 1,158.08 Vendor Subtotal for Section 2:2004 2,605.68
Section 2:2004
101-2004-5401-00 Advertising & Noticing 13 Stars Media Ad- Notice of Public Hearing Nov '23 71512 116.28 Vendor Subtotal for Section 2:2004 116.28
Section 2:3003
101-3003-5100-00 Professional Services Larry Walker Associates, Inc EWMP Update - Dec '23 71591 123.00 Vendor Subtotal for Section 2:3003 123.00
Section 2:3003
101-3003-5100-00 Professional Services Rincon Consultants, Inc On-Call Environmental Svcs - Dec '23 71556 17,387.00 Vendor Subtotal for Section 2:3003 17,387.00
Subtotal for Section 1: 101 84,039.42
Section 1: 102
Section 2:9207
102-9207-5100-00 Latigo Canyon Rdway/Retaining Tom Malloy Corporation Temp Shoring Plates - Latigo Cyn 12/7/23 - 1/3/24 71600 1,848.00 102-9207-5100-00 Latigo Canyon Rdway/Retaining Tom Malloy Corporation Temp Shoring Plates - Latigo Cyn 11/9 - 12/6/23 71600 1,848.00 Vendor Subtotal for Section 2:9207 3,696.00
AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 17 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 102 3,696.00
Section 1: 103
Section 2:9050
103-9050-5100-00 Professional Services Master Cooling Corporation City Hall HVAC Maint - Feb '24 71594 2,032.90 Vendor Subtotal for Section 2:9050 2,032.90
Section 2:9050
103-9050-5100-00 Professional Services Ultimate Maintenance Services Inc City Hall Janitorial Svcs - Feb '24 71623 4,350.00 Vendor Subtotal for Section 2:9050 4,350.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance Pacific Coast Elevator Corp. City Hall Elevator - Auto Dialer Replacement 71563 1,700.07 Vendor Subtotal for Section 2:9050 1,700.07
Section 2:9050
103-9050-5610-00 Facilities Maintenance California Department of Tax & Fee Administration Aqua Chem - Jan '24 Water Treatment Acct#101-349966 71569 348.89 103-9050-5610-00 Facilities Maintenance California Department of Tax & Fee Administration Aqua Chem - Dec '23 Water Treatment Acct#101-349966 71569 348.89 Vendor Subtotal for Section 2:9050 697.78
Section 2:9050
103-9050-5610-00 Facilities Maintenance Landscape Development, Inc. City Hall Landscape Maint - Jan '24 71576 1,393.26 Vendor Subtotal for Section 2:9050 1,393.26
Section 2:9050
103-9050-5610-00 Facilities Maintenance G.I. Industries Garbage - City Hall Green Waste - Feb '24 71579 54.23 Vendor Subtotal for Section 2:9050 54.23
Section 2:9050
103-9050-5610-00 Facilities Maintenance Bob Harts Electric, Inc. City Hall Theater - Emergency Ballast Repairs 71533 1,082.72 Vendor Subtotal for Section 2:9050 1,082.72
Section 2:9050
AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 18 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount 103-9050-5610-00 Facilities Maintenance Master Cooling Corporation HVAC Air Compressor Check 71543 390.00 103-9050-5610-00 Facilities Maintenance Master Cooling Corporation HVAC Repairs - WSHP-2.1 71543 1,343.70 Vendor Subtotal for Section 2:9050 1,733.70
Section 2:9050
103-9050-5610-00 Facilities Maintenance Regency Enterprises Inc Parking Lot - Lamps 71555 149.86 Vendor Subtotal for Section 2:9050 149.86
Section 2:9050
103-9050-5722-00 Electricity Southern California Edison Company City Hall - Dec '23 71614 8,156.21 Vendor Subtotal for Section 2:9050 8,156.21
Section 2:9050
103-9050-6400-00 Clothing & Emergency Gear Smash Athletics Inc Sr Maintenance Sweatshirt 71599 90.13 Vendor Subtotal for Section 2:9050 90.13
Section 2:9050
103-9050-7300-00 Leasehold Improvements Montgomery Hardware Co. Office Rebuild - Door Installation 71546 12,315.64 Vendor Subtotal for Section 2:9050 12,315.64
Subtotal for Section 1: 103 33,756.50
Section 1: 203
Section 2:3009
203-3009-5148-00 Special Event Rec Transit 13 Stars Media Ad- Dial-A-Ride 1/18/24 71512 268.00 Vendor Subtotal for Section 2:3009 268.00
Section 2:3009
203-3009-5148-00 Special Event Rec Transit Fast Deer Bus Charter Inc. Sr Excursion Bus - LACMA 1/16/24 71528 1,863.00 Vendor Subtotal for Section 2:3009 1,863.00
AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 19 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 203 2,131.00
Section 1: 207
Section 2:3004
207-3004-5401-00 Advertising & Noticing 13 Stars Media Ad- Christmas Tree Recycle 1/11/24 71512 268.00 Vendor Subtotal for Section 2:3004 268.00
Subtotal for Section 1: 207 268.00
Section 1: 211
Section 2:7021
211-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Brulte - Dec '23 71589 22,667.66 Vendor Subtotal for Section 2:7021 22,667.66
Subtotal for Section 1: 211 22,667.66
Section 1: 215
Section 2:7070
215-7070-7800-00 Other Equipment Williams Scotsman Inc MCLE Restroom Trailer - Toilet Unit - 1/24 - 2/20/24 71627 4,331.10 215-7070-7800-00 Other Equipment Williams Scotsman Inc Temporary Office Trailer - 1/28 - 2/27/24 71627 1,470.82 Vendor Subtotal for Section 2:7070 5,801.92
Subtotal for Section 1: 215 5,801.92
Section 1: 290
Section 2:6002
290-6002-5722-00 Electricity Southern California Edison Company Asmt Dist Big Rock - Dec '23 71614 2,341.39 290-6002-5722-00 Electricity Southern California Edison Company Big Rock Inland Pump - Dec '23 71614 83.75 Vendor Subtotal for Section 2:6002 2,425.14
AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 20 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 290 2,425.14
Section 1: 291
Section 2:6003
291-6003-5722-00 Electricity Southern California Edison Company Asmt dst Malibu Rd - Dec '23 71614 78.83 Vendor Subtotal for Section 2:6003 78.83
Subtotal for Section 1: 291 78.83
Section 1: 292
Section 2:6004
292-6004-5722-00 Electricity Southern California Edison Company Calle Del Barco - Dec '23 71614 15.45 292-6004-5722-00 Electricity Southern California Edison Company Asmt Dist Rambla-Calle - Dec '23 71614 19.08 292-6004-5722-00 Electricity Southern California Edison Company Asmt Dist Calle Del - Dec '23 71614 23.76 Vendor Subtotal for Section 2:6004 58.29
Subtotal for Section 1: 292 58.29
Section 1: 310
Section 2:9066
310-9066-5100-00 Professional Services GMZ Engineering Inc PCH Signal Synch Project 8/1 - 11/30/23 71531 765,806.88 310-9066-5100-00 Professional Services GMZ Engineering Inc PCH Signal Synch Project - Dec '23 71531 157,035.00 Vendor Subtotal for Section 2:9066 922,841.88
Section 2:9075
310-9075-5100-00 Professional Services Woodard & Curran Inc. CCWTF Phase 2 - Through 11/24/23 71606 3,684.60 310-9075-5100-00 Professional Services Woodard & Curran Inc. CCWTF Phase 2 - Through 12/29/23 71606 4,486.73 Vendor Subtotal for Section 2:9075 8,171.33
Section 2:9090
AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 21 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount 310-9090-5100-00 Permanent Skate Park California Skateparks Permanent Skatepark Design 71518 14,600.00 Vendor Subtotal for Section 2:9090 14,600.00
Section 2:9097
310-9097-5100-00 Bluffs Park South Walkway 13 Stars Media Legal Notice - Inviting Bids, Bluffs Park Walkway Oct '23 71512 312.12 Vendor Subtotal for Section 2:9097 312.12
Section 2:9106
310-9106-5100-00 Malibu Canyon Rd Traffic Study Kimley-Horn and Associates Inc Malibu Canyon Rd Study - Nov '23 71535 26,261.25 Vendor Subtotal for Section 2:9106 26,261.25
Subtotal for Section 1: 310 972,186.58
Section 1: 500
Section 2:7008
500-7008-5100-00 Professional Services Landscape Development, Inc. Legacy Park Landscape Maint/Liners - Jan '24 71576 17,055.29 Vendor Subtotal for Section 2:7008 17,055.29
Section 2:7008
500-7008-5130-00 Park Maintenance R P Barricade, Inc. Legacy Park - Sign Posts 71612 627.03 Vendor Subtotal for Section 2:7008 627.03
Section 2:7008
500-7008-5130-00 Park Maintenance Valley Backflow Inc. Legacy Park - Backflow Testing (2) 71601 170.00 500-7008-5130-00 Park Maintenance Valley Backflow Inc. Legacy Park - Backflow Testing 1/8/24 71624 485.00 Vendor Subtotal for Section 2:7008 655.00
Section 2:7008
500-7008-5722-00 Electricity Southern California Edison Company Legacy Park Lift Station - Dec '23 71614 1,272.90 500-7008-5722-00 Electricity Southern California Edison Company 23661 PCH - Dec '23 71614 825.75 AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 22 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7008 2,098.65
Section 2:7008
500-7008-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Legacy Park 11/7/23 - 1/4/24 Acct#29648060 71590 2,809.52 500-7008-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Legacy Park Irrigation 11/7/23 - 1/4/24 Acct#29648063 71590 187.77 500-7008-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Supercare Pharmacy 11/7/23 - 1/4/24 Acct#29152982 71590 183.74 Vendor Subtotal for Section 2:7008 3,181.03
Subtotal for Section 1: 500 23,617.00
Section 1: 515
Section 2:3010
515-3010-5100-00 Professional Services Water Resources Economics CCWTF Water Rate Update - Phase 1 - Dec '23 71604 11,402.50 Vendor Subtotal for Section 2:3010 11,402.50
Section 2:3010
515-3010-5656-00 Water Quality Test/Monitoring Rincon Consultants, Inc Civic Center Water Quality Monitoring - Dec '23 71556 5,305.25 Vendor Subtotal for Section 2:3010 5,305.25
Section 2:3010
515-3010-5722-00 Electricity Southern California Edison Company CCWWTF - Dec '23 71614 12,394.42 515-3010-5722-00 Electricity Southern California Edison Company Injection Wells/CCWWTF - Dec '23 71614 301.85 Vendor Subtotal for Section 2:3010 12,696.27
Subtotal for Section 1: 515 29,404.02
Section 1: 601
Section 2:3005
601-3005-5722-00 Electricity Southern California Edison Company Electric Car Charger - Dec '23 71614 346.07 AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 23 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3005 346.07
Section 2:3005
601-3005-6500-00 Motor Fuels Wright Express FSC Wex Bank Gas Receipts 12/24/23 - 1/23/24 71521 1,623.19 Vendor Subtotal for Section 2:3005 1,623.19
Subtotal for Section 1: 601 1,969.26
Section 1: 602
Section 2:7060
602-7060-5721-00 Telephone Frontier California Inc Fiber Optic Svcs 1/15 - 2/14/24 71530 3,277.14 602-7060-5721-00 Telephone Frontier California Inc Fiber Optic Svcs 12/15/23 - 1/14/24 71530 62.00 Vendor Subtotal for Section 2:7060 3,339.14
Subtotal for Section 1: 602 3,339.14
Section 1: 710
Section 2:0000
710-0000-2270-06 Special Event Deposits Malibu Boardriders Club Reissue Ck#58187 - Refund Special Event Sheriff's Fees 71642 359.56 Vendor Subtotal for Section 2:0000 359.56
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Malibu Association of Realtors Ref- S. Manners, Table Rental Deposit 10/13/23 71516 50.00 Vendor Subtotal for Section 2:0000 50.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Corey Copp Ref- C. Copp, Parking Rental Deposit 10/15/23 71524 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 24 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount 710-0000-2270-12 Parks - Security Deposits Elizabeth Franco Reissue Ck#66041 - Refund Security Deposit-Parking Lot 71634 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Sean Hallahan Ref- S. Hallahan, Parking Rental Deposit 10/7/23 71532 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Emily Lukasik Ref- E. Lukasik, Parking Rental Deposit 10/14/23 71542 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Janet Ojeda Ref- J. Ojeda, Parking Rental Deposit 10/22/23 71551 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Wayne Pepper Ref- W. Pepper, Parking Rental Deposit 9/16/23 71554 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Yacov Rozenfeld Ref- Y. Rozenfeld, Parking Rental Deposit 10/1/23 71596 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Kelly Wakeland Ref- K. Wakeland, Parking Rental Deposit 10/21/23 71603 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Kiley Wong Ref- K. Wong, Parking Rental Deposit 10/28/23 71605 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-44 Library Event 13 Stars Media Ad- MLSS Thomas Levenson 1/11/24 71512 268.00 AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 25 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 268.00
Section 2:0000
710-0000-2270-56 Wireless Community Facility Richard Comi Review of WRP 22-014 3011.5 Corral Cyn Rd May '23 71522 300.00 710-0000-2270-56 Wireless Community Facility Richard Comi Review of WRP 23-007 21971.5 PCH Oct '23 71522 300.00 Vendor Subtotal for Section 2:0000 600.00
Subtotal for Section 1: 710 3,527.56
Section 1: 900
Section 2:0000
900-0000-2041-00 PARS U.S. Bank PR Batch 70001.02.2024 PARS - EE Share 71561 1,329.19 900-0000-2041-00 PARS U.S. Bank PR Batch 70001.02.2024 PARS - ER Share 71561 278.71 Vendor Subtotal for Section 2:0000 1,607.90
Section 2:0000
900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70001.02.2024 ICMA Def Comp - Flat Amount 71558 12,075.39 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70001.02.2024 ER Contribution to ICMA 71558 3,100.00 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70001.02.2024 ICMA Def Comp - % of Salary 71558 1,179.41 Vendor Subtotal for Section 2:0000 16,354.80
Section 2:0000
900-0000-2042-01 ICMA Loan Program ICMA-MissionSquare Retirement - 303615 PR Batch 70001.02.2024 ICMA Loan Program 71558 745.83 Vendor Subtotal for Section 2:0000 745.83
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108658 PR Batch 70001.02.2024 ICMA - City Manager 71559 600.00 Vendor Subtotal for Section 2:0000 600.00
Section 2:0000
AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 26 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A Account Number Description Vendor Description Check No Amount 900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108650 PR Batch 70001.02.2024 ICMA - Dept Heads 71560 1,000.00 Vendor Subtotal for Section 2:0000 1,000.00
Section 2:0000
900-0000-2065-00 Miscellaneous Withholdings California State Disbursement Unit PR Batch 70001.02.2024 Income Withholding Order-Calif 71557 339.69 Vendor Subtotal for Section 2:0000 339.69
Subtotal for Section 1: 900 20,648.22
Report Total: 2,405,039.46
AP-Transactions by Account (02/14/2024 - 8:08 AM) Page 27 DocuSign Envelope ID: 1C5DFF48-F1BC-47E0-BF81-80F3D22F2B6A

Agenda Item # 3.B.3.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: February 14, 2024 Meeting date: February 26, 2024 Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the August 16, 2023 Malibu City Council Special meeting, August 28, 2023 Malibu City Council Regular meeting, and September 11, 2023 Malibu City Council Regular meeting.

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

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

DISCUSSION: Staff has prepared draft minutes for the Council meetings of August 16, 2023, August 28, 2023, and September 11, 2023.

ATTACHMENTS:

August 16, 2023 Special meeting
August 28, 2023 Regular meeting
September 11, 2023 Regular meeting
City Council Meeting
02-26-24
Item

3.B.3.
1 Attachment #1

MINUTES

MALIBU CITY COUNCIL

SPECIAL MEETING
AUGUST 16, 2023

COUNCIL CHAMBERS / MULTI-PURPOSE ROOM
8:30 A.M.

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

MEETING CALL TO ORDER
Mayor Pro Tem Uhring called the meeting to order at 8:31 a.m.

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

PRESENT: Mayor Bruce Silverstein (arrived at 8:32 a.m.); Mayor Pro Tem Steve Uhring; and Councilmembers Paul Grisanti, Marianne Riggins, and Doug Stewart ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Rob Houston, Interim Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Planning Director; Susan Dueñas, Public Safety Director; and Rob DuBoux, Public Works Director

PLEDGE OF ALLEGIANCE
Interim Deputy City Manager Houston led the Pledge of Allegiance.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on August 10, 2023.

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

RECESS
At 8:34 a.m., Mayor Pro Tem Uhring recessed the meeting. The meeting reconvened in the multi-purpose room at 8:45 a.m. with all Councilmembers present.

FISCAL YEAR 2023-2024 WORK PLAN WORKSHOP
The City Council and City Leadership staff held a Strategic Planning Workshop. They discussed City projects and priorities for Fiscal Year 2023-2024. 2 Malibu City Council
Minutes of August 16, 2023

_________________________

ADJOURNMENT
Mayor Silverstein adjourned the meeting at 2:00 p.m.

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

MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
AUGUST 28, 2023

COUNCIL CHAMBERS
5:30 P.M.

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

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

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

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

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

Speakers: None.

RECESS TO CLOSED SESSION
At 5:30 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

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

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

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

REGULAR SESSION CALL TO ORDER
Mayor Silverstein called the meeting to order at 7:07 p.m. 4 Malibu City Council
Minutes of August 28, 2023

_________________________

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

PRESENT: Mayor Bruce Silverstein; Mayor Pro Tem Steve Uhring; and Councilmembers Paul Grisanti, Marianne Riggins, and Doug Stewart
ALSO PRESENT: Monica Castello, Deputy City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Planning Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Jason Lawrence, Deputy City Clerk; and Kate Manisco, Recreation Manager

PLEDGE OF ALLEGIANCE
Dennis Smith led the Pledge of Allegiance.

CLOSED SESSION REPORT
Deputy City Attorney Castillo reported that the meeting convened at 5:30 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9(d)(1) and 54956.9(d)(4), with all Councilmembers present. She stated the Council discussed the item listed on the closed session agenda and took no reportable action.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on August 17, 2023, with the amended agenda posted on August 25, 2023.

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

ITEM 1 CEREMONIAL/PRESENTATIONS
None.

ITEM 2.A. PUBLIC COMMENTS
John Mazza announced a weekly six-week docent training course at the Adamson House beginning on September 20, 2023.

Tracey Lovric, Mountains Recreation and Conservation Authority (MRCA), commented on two recent incidents where a person physically and verbally interfered with MRCA contractors’ installation of directional signposts in an 5 Malibu City Council
Minutes of August 28, 2023

_________________________
easement in Escondido Canyon managed by MRCA and owned by the Santa Monica Mountains Conservancy.

Jo Drummond discussed code enforcement, the communications tower at Santa Monica College (SMC), and the large tent for a wedding on Broad Beach. She discussed formula retail ordinance enforcement to ensure local businesses were not displaced by chain stores.

Robert Brinkman discussed the Parks and Recreation Commission, the Seawolves coach staffing change, and the formation of the Malibu Marlins swim club. He discussed the staff and Parks and Recreation Commission review of the Malibu Marlins application for swimming pool usage.

Bill Sampson discussed the recent wedding on Broad Beach Road and provided a presentation of the tent application.

Kraig Hill discussed vehicles speeding on Pacific Coast Highway (PCH) on Wednesday and Saturday nights. He commented on the Navy offshore testing that produced sonic booms and stated his concern about effects on marine life.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES Fireball Lawrence, Malibu Arts Commission, thanked Anne Buxie for serving as Poet Laureate and announced Changing of the Verse poetry event would be held September 28, 2023, at 5:00 p.m. at City Hall. He thanked the artists who participated in the summer art exhibition and announced the opening of the Wes Van Dyke exhibit was scheduled for September 16, 2023 at City Hall. He announced the new art piece by Maureen Haldeman would be exhibited for one year in the multi-purpose room at City Hall as part of a rotating art program.

City Manager McClary announced the Malibu High School (MHS) local coastal program amendment (LCPA) would be reviewed by the California Coastal Commission (CCC) on September 9, 2023, and the revised LCPA would be reviewed by the Council before certification by the CCC. He stated that the MHS coastal development permit would be considered by the Planning Commission on September 5, 2023. He discussed tropical storm Hilary and stated that the City experienced minor damage from the significant amount of rain and that the City declared a local emergency and would be applying for disaster funds. He announced that City Clerk Pettijohn had achieved her Certified Municipal Clerk designation from the International Institute of Municipal Clerks.

City Clerk Pettijohn thanked City Manager McClary for the recognition and stated she loved serving the community.

City Manager McClary announced that all parks would be open for the Labor Day holiday, but the swimming pool and Senior Center would be closed. He announced that the next Library Speaker Series featuring a discussion by Scott Freeman on the 6 Malibu City Council
Minutes of August 28, 2023

_________________________
Beatles album Sgt. Pepper’s Lonely Hearts Club Band would be held September 20, 2023 at City Hall. He stated that staff met with Los Angeles County and SMC officials to discuss the communications tower and an agreement was made for the tower to be repainted a neutral color and a possible application by SMC for a height variance. He stated that a conditional use permit (CUP) needed to be issued before the tower could operate. He stated that the farmers’ market was discussed and the college and the County would help the Cornucopia Foundation return the market to its previous location at the college to avoid disruption to the schedule. He stated that the temporary use permit for the farmers’ market at Legacy Park would expire on October 7, 2023. He stated topics for the upcoming Council meeting on September 11, 2023 included fire season safety preparations, accessory dwelling units (ADU), outdoor warning sirens, and Woolsey Fire fee waivers. In response to Mayor Silverstein, he stated County staff would confirm with the Sheriff Department if the tower issue would delay opening the Sheriff substation.

In response to Mayor Pro Tem Uhring, Deputy City Manager Brown stated that SMC had not received a certificate of completion from the State.

Sergeant Chris Soderlund, Los Angeles County Sheriff Department, stated Sheriff staff would be present at the Chili Cook-off over the Labor Day weekend, which also marked the last weekend of the beach team’s presence in Malibu. He reported that 17 cars were towed to the temporary tow yard. He discussed a recent fatal stabbing at Las Tunas Beach during a domestic violence incident. He reported the special assignment deputies attended training on vehicle theft and recreational vehicle (RV) homelessness encampment protocol. He stated that the RV that was parked for two years at Las Tunas Beach had been towed. He reported a burglary occurred that day on Malibu Road and the suspects were taken into custody. He discussed enforcement at Nobu over the past two weekends and stated 27 traffic citations were issued and parking enforcement was forthcoming.

Mayor Uhring stated that he observed speeding vehicles on Malibu Canyon Road.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Riggins discussed special event permits (SEP) and the Broad Beach wedding and recommended the Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES) review regulations.

In response to Councilmember Stewart, Planning Director Mollica stated the Council would consider a temporary use permit (TUP) ordinance in October, but SEPs would not be addressed as they were in a different chapter of the code.

Councilmember Riggins stated that SEP rules should be tightened because the wedding event was not representative of the application. She commented on damage to the dunes and stated that the size and engineering required to facilitate the tent structure was beyond the scope of the SEP.
7 Malibu City Council
Minutes of August 28, 2023

_________________________
Mayor Silverstein indicated support for ZORACES review of the general SEP, but stated the Broad Beach Road wedding violated the current regulation.

Councilmember Riggins stated that everyone should be on the same page regarding what was allowed on residents’ properties and the intent of permitting types. In response to Mayor Silverstein, she stated that residents needed direction provided on expectations of what was allowed on their properties. She congratulated City Clerk Pettijohn and thanked her for her service. She stated residents would receive brush clearance compliance letters from the Fire Department.

In response to Councilmember Riggins, Community Services Director Riesgo discussed vendor selection for recreational programs and stated that a discussion item on the process would be presented to the Parks and Recreation Commission.

Councilmember Riggins stated she attended the August Malibu Library Speaker Series event which featured NASA Aerospace Engineer Dr. Aprille Ericsson and encouraged the public’s participation in future events.

Councilmember Stewart stated that he attended the August Malibu Library Speaker Series event. He thanked the Volunteers on Patrol, Community Emergency Response Team, and first responders for their work during Tropical Storm Hilary.

He discussed the Broad Beach wedding, staff time spent, and intent of the SEP ordinance. He suggested considering a Loud and Unruly Gathering Ordinance (LUGO) and the potential enforcement tools under that type of ordinance which were in proportion to the disruption the event caused. He thanked Poison Free Malibu for organizing weed clearance at the headlands and the Malibu Lagoon. He discussed the Work Plan Workshop and potential usage of the City’s vacant land.

He discussed ADUs and suggested concerns addressed in public correspondence be incorporated into the future agenda item. He discussed a proposal for a funding program to support school sponsored athletics for elementary and middle schools.

CONSENSUS
By consensus, the Council directed staff to bring back an item to consider supporting alternative youth athletic programs.

Councilmember Stewart congratulated City Clerk Pettijohn on her achievements.

Councilmember Grisanti congratulated City Clerk Pettijohn and thanked her for her service. He stated that he attended the Work Plan Workshop and found it productive. He stated that he received calls about the Broad Beach wedding, Tropical Storm Hilary, and the earthquake. He discussed racing in and around the City and suggested warning signage as a deterrent.

Mayor Pro Tem Uhring recommended the public visit the Adamson House. He requested brush clearance by the MRCA on the trail around Bluffs Park. He indicated support for consideration of a contribution from the City to the youth sports programs proposal and recommended proponents provide goals for the 8 Malibu City Council
Minutes of August 28, 2023

_________________________
program’s independence from the City, enrollment figures, and examples of community funding not associated with schools. He discussed the management of the City-owned Malibu Lumber Yard, reports of tenant lease termination, and the importance of supporting local businesses. He discussed code enforcement and a recent party in Big Rock at the same house where previous unpermitted parties occurred. He discussed the Broad Beach wedding event, provided a timeline of activity, SEP conditions, settlement agreement terms, and the message the settlement agreement sent to the public and staff.

Mayor Silverstein recommended individuals who submit written comments also speak at the meeting or over Zoom. He congratulated City Clerk Pettijohn and thanked her for her efforts. He discussed the City’s response to tropical storm Hilary and the recent earthquake. He stated that he attended the Special Work Plan Workshop and that it was a great team-building experience. He discussed complaints of public speakers being cut off after three minutes and the importance of rules being applied impartially. He discussed recent improved coverage by the Malibu Times of City events. He discussed the Broad Beach Road wedding event and misrepresentations made at Council meetings.

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

MOTION Mayor Silverstein moved, and Mayor Pro Tem Uhring seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.B.5., 3.B.7., and 3.B.8. The question was called, and the motion carried unanimously, Councilmembers Riggins and Stewart abstaining from Item No. 3.B.3.

The Consent Calendar consisted of the following items:

B. New Items

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

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 69935-70136 on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 730 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,622,336.86. City of Malibu payroll check number 5366-5367 and ACH deposits were issued in the amount of $444,080.54.

3. Approval of Minutes
Recommended Action: Approve the minutes for the August 8, 2022 Malibu City Council Regular meeting, August 22, 2022 Malibu City Council 9 Malibu City Council
Minutes of August 28, 2023

_________________________
Regular meeting, and September 27, 2022 Malibu City Council Regular meeting.

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

6. Malibu Poet Laureate Appointment
Recommended Action: At the recommendation of the Malibu Arts Commission, approve the nomination of Nathan Hassall to serve a two-year term as the Malibu Poet Laureate beginning September 1, 2023.

9. Resolution Extending the Declaration of the COVID-19 Local Emergency Recommended Action: Adopt Resolution No. 23-39 extending the declaration of the existence of a local emergency.

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

11. Resolution Ratifying the Director of Emergency Services’ Proclamation of Existence of a Local Emergency – Tropical Storm Hilary
Recommended Action: Adopt Resolution No. 23-42 ratifying the proclamation of existence of a local emergency by the Director of Emergency Services.

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

5. Professional Services Agreement with Kimley Horn and Associates, Inc. for Malibu Canyon Road Traffic Safety Study
Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Kimley Horn and Associates Inc., for engineering services for the Malibu Canyon Road Traffic Safety Study in an amount of $99,735.

The Council discussed the item and directed questions to staff.

MOTION Councilmember Stewart moved, and Mayor Silverstein seconded a motion to authorize the Mayor to execute a Professional Services Agreement with Kimley Horn and Associates Inc., for engineering services for the Malibu Canyon Road Traffic Safety Study in an amount of $99,735. The question was called, and the motion carried unanimously.

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

The Council discussed the item and directed questions to staff. 10 Malibu City Council
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MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to authorize the Mayor to execute a sole source Professional Services Agreement with California Skateparks related to repairs of the Temporary Skate Park. The question was called, and the motion carried unanimously.

8. Amend the Salary Ranges for FY 2023-24
Recommended Action: Adopt Resolution No. 23-38 amending the Salary Ranges for FY 2023-24.

The Council discussed the item and directed questions to staff.

MOTION Mayor Pro Tem Uhring moved, and Councilmember Riggins seconded a motion to adopt Resolution No. 23-38 amending the Salary Ranges for FY 2023-24. The question was called, and the motion carried unanimously.

Mayor Silverstein confirmed with staff that there were no public speakers for items pulled from the Consent Calendar.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. Update Regarding Zoning Map Amendment No. 17-002 and Zoning Text Amendment No. 20-001 (Sea View Hotel Project)
Recommended Action: 1) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 509, an ordinance of the City of Malibu amending Zoning Map Amendment (ZMA) No. 17-002 and Zoning Text Amendment (ZTA) No. 20-001 to effectuate previous amendments made to Local Coastal Program Amendment (LCPA) No. 16-006 for the Sea View Hotel Project as adopted by Ordinance No. 491 on September 13, 2021 and amended by Ordinance No. 508 on July 10, 2023 pursuant to the conditional certification action taken by the California Coastal Commission (CCC) on February 8, 2023 to rezone and change the land use designation of the properties located at 22741 and 22729 Pacific Coast Highway from Community Commercial (CC) to Commercial Visitor Serving-2 (CV-2), a new Seaview Hotel Overlay District with associated development standards, including a proposed floor area ratio of 0.52 for the public benefits provided by the project (the amendments to the ZMA and ZTA are corollary to LCPA and will not be effective until the LCPA is certified by the CCC), and finding the action to require no further environmental review and/or to be exempt from such review under the California Environmental Quality Act (CEQA); and 2) Direct staff to schedule a second reading and adoption of Ordinance No. 509 for the September 11, 2023 Regular City Council meeting.

Planning Director Mollica presented the staff report.

The Council directed questions to staff.

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

MOTION Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to 1) introduce on first reading Ordinance No. 509, an ordinance of the City of Malibu amending Zoning Map Amendment (ZMA) No. 17-002 and Zoning Text Amendment (ZTA) No. 20-001 to effectuate previous amendments made to Local Coastal Program Amendment (LCPA) No. 16-006 for the Sea View Hotel Project as adopted by Ordinance No. 491 on September 13, 2021 and amended by Ordinance No. 508 on July 10, 2023 pursuant to the conditional certification action taken by the California Coastal Commission (CCC) on February 8, 2023 to rezone and change the land use designation of the properties located at 22741 and 22729 Pacific Coast Highway from Community Commercial (CC) to Commercial Visitor Serving-2 (CV-2), a new Seaview Hotel Overlay District with associated development standards, including a proposed floor area ratio of 0.52 for the public benefits provided by the project (the amendments to the ZMA and ZTA are corollary to LCPA and will not be effective until the LCPA is certified by the CCC), and finding the action to require no further environmental review and/or to be exempt from such review under the California Environmental Quality Act (CEQA); and 2) direct staff to schedule a second reading and adoption of Ordinance No. 509 for the September 11, 2023 Regular City Council meeting.

Deputy City Attorney Castillo read the title of the ordinance.

The question was called, and the motion carried unanimously.

B. An amendment to Title 17 (Zoning) of the Malibu Municipal Code (MMC) and the Local Coastal Program (LCP) to Update Regulations Related to Accessory Dwelling Units (ADUs)
Recommended Action: Continue this item to the September 11, 2023 Regular City Council meeting.

This item was continued to the September 11, 2023 Regular City Council meeting upon approval of the agenda.

RECESS At 8:25 p.m., Mayor Silverstein recessed the meeting. The meeting resumed at 8:37 p.m. with all Councilmembers present.

ITEM 5 OLD BUSINESS
None.

ITEM 6 NEW BUSINESS
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A. Comprehensive Development Services Review Report
Recommended Action: Receive and file the Comprehensive Development Services Review Report.

Assistant City Manager Toney and Jay Trevino, Baker Tilly, presented the staff report.

Mayor Silverstein opened the floor to public comment.

Speakers: Guy Roberts, Don Schmitz, Jo Drummond, Norm Haynie, Fred Gaines, Reid Brietman (Lea Johnson and Leon Johnson deferred time), Madelyn Glickfeld, Ryan Embree, Kraig Hill, and Patt Healy
Edna Elisha was not present at the time of the hearing.

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

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

Mayor Silverstein received and filed the Comprehensive Development Services Review Report.

B. Road Race Request for Proposals
Recommended Action: At the recommendation of the Road Race Ad Hoc Committee, open a Request for Proposals for the two allowable Road Race Temporary Use Permits.

Community Services Director Riesgo presented the staff report.

Mayor Silverstein opened the floor to public comment.

Speakers: Brennan Lindner, Scott Nilson, Michael Epstein, Erica Segel, Cassidy Case Benadum, Blue Benadum, Candie Davidson-Goldbronn, and Kraig Hill As there were no other speakers present, Mayor Silverstein returned the matter to the table for discussion.

The Council discussed the item.

MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to direct staff to open a Request for Proposals for the two allowable Road Race Temporary Use Permits. The question was called, and the motion carried unanimously.

ITEM 7 COUNCIL ITEMS
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None.

ADJOURNMENT
Mayor Silverstein adjourned the meeting at 10:26 p.m.

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

MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
SEPTEMBER 11, 2023

COUNCIL CHAMBERS
5:45 P.M.

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

MEETING CALL TO ORDER
Mayor Silverstein called the meeting to order at 5:46 p.m.

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

PRESENT: Mayor Bruce Silverstein; Mayor Pro Tem Steve Uhring; and Councilmembers Paul Grisanti (arrived at 5:47 p.m.), Marianne Riggins, and Doug Stewart

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

Speakers: None.

RECESS TO CLOSED SESSION
At 5:47 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:

Conference with Legal Counsel – Anticipated litigation

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

REGULAR SESSION CALL TO ORDER
Mayor Silverstein called the meeting to order at 6:30 p.m.

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

PRESENT: Mayor Bruce Silverstein; Mayor Pro Tem Steve Uhring; and Councilmembers Paul Grisanti, Marianne Riggins, and Doug Stewart
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ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Planning Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Jason Lawrence, Deputy City Clerk; Christina Muñoz, Deputy City Clerk; Tracey Rossine, Environmental Programs Manager; Doug Cleavenger, Code Enforcement Manager; Tyler Eaton, Senior Planner; Joyce Parker-Bozylinski, Contract Planner; Gabriel Etcheverry, Fire Safety Liaison; Sarah Flores, Emergency Services Coordinator; Jerry Vandermeulen, Fire Safety Liaison; and Bradley Yocum, Fire Safety Liaison

PLEDGE OF ALLEGIANCE
Beth Grimes led the Pledge of Allegiance.

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 5:45 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9(d)(2), with all Councilmembers present. He stated the Council discussed the item listed on the closed session agenda and took no reportable action.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on August 31, 2023, with the amended agenda posted on September 8, 2023.

APPROVAL OF AGENDA
MOTION Mayor Pro Tem Uhring moved, and Councilmember Riggins seconded a motion to approve the agenda and adjourn in memory of those who perished in the terrorist attacks on September 11, 2001 and from injuries that occurred on that day. The question was called, and the motion carried unanimously.

ITEM 1 CEREMONIAL/PRESENTATIONS
A. Proclamation Declaring September 17-September 23, 2023 Constitution Week Mayor Silverstein presented the proclamation to Beth Grimes and the Daughters of the American Revolution.

Beth Grimes, Malibu Chapter President of Daughters of the American Revolution, introduced fellow members and provided an overview of their organization’s mission and history of Constitution Week.

B. Presentation on Fire Season Preparedness
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Public Safety Manager Susan Dueñas, Fire Safety Liaison Vandermeulen, and Emergency Services Coordinator Flores provided a presentation on Fire Season Preparedness.

The Council directed questions to staff.

C. Presentation on Coastal Vulnerability Project
Environmental Sustainability Director Bundy and James Jackson, Environmental Science Associates, provided a presentation on the Coastal Vulnerability Project ITEM 2.A. PUBLIC COMMENTS
Joe Sichta, Malibu Aquatics Foundation, discussed the foundation’s operations in the community, the decision to terminate the coach, and requirements of the coach position. He discussed the competing group Malibu Marlins that formed with former Seawolves coach Erik Ran.

Scott Dittrich discussed the importance of public safety, litigation between Southern California Edison (SCE) and the City of Norco to underground power lines, and the fire danger posed by overhead power lines. He discussed the importance of cleaning Las Flores Creek from a community pride and public safety standpoint and stated that the City should get Los Angeles County involved.

Hans Laetz stated KBUU was now solar powered. He discussed the 1993 Malibu fire and problems reporting emergency alerts through KNX in the past, the City’s efforts to develop its own radio station, and his role developing KBUU. He discussed radio reception challenges and the need for a transmitter signal booster.

Shamira Strange deferred time to Brian Strange.

Brian Strange discussed the Formula Retail Ordinance and James Perse’s current space in the Malibu Lumber Yard. He discussed the characteristics of formula retail as defined by the ordinance and stated multiple stores owned by James Perse shared the same characteristics and distracted from Malibu’s variety and unique charm.

Ingrid Jensen deferred time to Debra Bianco.

Debra Bianco discussed the Cornucopia Foundation and the farmers’ market contributions to the community such as education, operation after emergencies, and during challenges presented by the COVID-19 pandemic and Santa Monica College construction. She discussed the organization’s environmental projects and animal rescue efforts and the market’s growth since it moved to Legacy Park.

Sherman Bailard discussed increased visitors to Legacy Park by those who discovered it from attending the farmers’ market and hoped for its continued operation at the park.
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Ryan Embree commended the City Manager and Public Safety staff for achievements since he was part of the Emergency Preparedness Task Force. He commented on public safety hazards caused by homeless encampments and inquired when they would be dismantled.

Matthew Straeb encouraged the Council to consider the Alert FM system apart from the outdoor warning siren project and discussed how Alert FM operated when cell service and electrical power were not available. He stated that additional radio stations could be used to help provide full coverage of emergency messages and discussed a timeline for implementation and potential funding sources.

Bill Sampson discussed reasons individuals would need to participate in public meetings via Zoom. He discussed short-term rentals operating on his street. He discussed swim groups and his experience swimming with coach Erik Ran and stated that a new non-competitive program should not be at the expense of the existing program under the new coach. He discussed challenges the triathlon posed and requested access provisions for residents.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES City Manager McClary stated the California Coastal Commission (CCC) approved the City’s modified application for Malibu High School and Middle School Local Coastal Program Amendment Specific Plan and the matter would be brought back before the City Council on October 9, 2023. He stated the Planning Commission approved the Coastal Development Permit for Phase One of the school campus. He announced the City received the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association for its Annual Comprehensive Financial Report for the 22nd consecutive year. He reported the Sheriff Department beach team concluded its activities Labor Day weekend and during the season issued 1,108 citations for alcohol on the beach and made one felony and six misdemeanor arrests. He stated that they issued 883 citations for hazardous traffic situations, 4,121 parking citations, and towed 513 vehicles. He stated that an arrest was made in the stabbing homicide that occurred at Las Tunas Beach. He announced California Coastal Cleanup Day would be held on September 23, 2023 and invited the community to participate in Heal the Bay’s cleanup events at Zuma Lagoon and Westward Beach. He discussed an item on an upcoming Los Angeles County Board of Supervisors meeting agenda to address illegal street takeovers and racing in unincorporated Los Angeles County. He announced the Council reorganization would be held at the September 25, 2023 meeting.

Sergeant Chris Soderlund, Los Angeles County Sheriff Department, reported there were no major issues over Labor Day weekend and stated that the chaperone policy that required adult supervision of children upon entry to the Chili Cookoff event was helpful. He provided crime statistics for August 2023 and stated there were 314 part one crimes year to date as compared to 331 at the same time last year which represented a 5.1 percent decrease. He provided information on crimes, none of 18 Malibu City Council
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which were committed by Malibu residents. He stated that a robbery and assault was reported on Malibu Road where jewelry was stolen, and the suspects were at large. He stated an assault was reported on Malibu Road where a vehicle was struck, and the suspect was arrested. He stated a separate assault was reported on Malibu Road and the suspect was apprehended. He reported a residential burglary occurred on Malibu Road and the suspects were arrested. He provided a summary of activities by the afternoon special assignment deputies. He stated that the welfare of multiple individuals experiencing homelessness was checked and quality of life citations issued. He stated that a felony domestic violence suspect was taken into custody at Westward Beach. He stated that they assisted in the incident that occurred on the Pepperdine campus and conducted patrols in the area around the Chili Cookoff event. He stated that they were on the Sheriff’s response team which was a county-wide unit, and they were deployed to Catalina Island during the tropical storm and assisted in evacuation preparations had they become necessary.

He provided a summary of activities by the overnight special assignment deputies.

He reported that they conducted foot patrols of Legacy Park and the Malibu Library area and spoke to individuals experiencing homelessness and gathered intelligence of who was new in town and what was going on with the transient population. He stated that they contacted people parked along Coastline, Topanga, and the Malibu Pier and counseled them and warned them about illegal parking violations there.

He stated that six felony and ten misdemeanor arrests were made. He stated that they made an animal abuse warrant arrest, a disturbing the peace warrant arrest at Legacy Park, a drunk driving and concealed weapon arrest at PCH and Coastline Drive, and public urination arrest at PCH and Old Malibu Road. He stated that they arrested a suspect for driving a stolen vehicle with an altered vehicle identification number that would possibly lead to a chop shop in Los Angeles. He reported that the beach team ended full time Labor Day weekend but would continue to have a presence on weekends throughout September. He reported that the Council received calls about people having dogs on the beach and that 52 citations were issued.

In response to Mayor Silverstein, he stated that the increase in violent crime during the summer months was common, but also attributable to the zero-bail policy. He stated that the special assignment deputies were directed to address the increase in crime along Malibu Road and that there were a high number of people experiencing homelessness parked behind the shopping area on Malibu Road and that could be contributing to the increase in crime.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti stated that he appreciated the emails he received from the public and thanked the Fire Safety Liaisons, Environmental Sustainability Department staff, and Code Enforcement Manager Cleavenger for their work.

Councilmember Stewart discussed the expansion of the Public Safety Department since the 2018 Woolsey Fire from a one-person division to a more staffed, better prepared, and trained department with the ability to perform in a FEMA-compliant 19 Malibu City Council
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manner. He suggested Homeowners Association fee reduction incentives for home ignition assessments would encourage participation. He expressed support for the Alert FM system and discussed the importance of having adequate insurance. He discussed the importance of enforcement as a tool for compliance. He announced Jeffrey Jennings’ resignation from the Planning Commission once a replacement was appointed, discussed his contributions to the City, and encouraged interested parties to apply. He discussed Executive Assistant Mary Linden’s retirement and her 20 years of contributions to the City. He stated that he watched the CCC meeting on the MHS project and thanked City and School Board staff for their efforts. He commented on the tragic events of September 11, 2001, and expressed appreciation for Pepperdine University’s annual flag memorial.

Councilmember Riggins stated she attended the monthly Clean Power Alliance meeting and the California Contract Cities Annual Fall Conference. She announced Point Dume Preservationist weed pulling event on September 13, 2023 and encouraged community participation. She encouraged the public to take emergency preparedness actions, including charging batteries, backup power for cell phones, keep vehicles full of fuel, know their evacuation zone, have an emergency contact outside of the city, have a family evacuation, organize important papers, and have medications available.

Mayor Pro Tem Uhring stated that he attended a meeting with California Strategies.

In response to Mayor Pro Tem Uhring, City Manager McClary stated that the Zuma underpass was not cleared of debris and was unusable. Public Works Director DuBoux stated that he would follow up with the Department of Beaches and Harbors on solutions. City Manager McClary stated that the matter would be discussed at the next Pacific Coast Highway (PCH) Task Force meeting.

Mayor Pro Tem Uhring discussed school enrollment trends in Malibu. He discussed the Malibu Lumber Yards ownership, management, and history, and stated that they must be compliant with the City’s ordinances, including the Formula Retail Ordinance. He requested an analysis of the terminated leases at the Lumber Yard and some assurance that the Formula Retail Ordinance was enforced at the Lumber Yard and other businesses in the City.

Mayor Silverstein requested public submit written correspondence before the day of the meeting. He discussed Senator Scott Wiener’s Senate Bills No. 423, 424, and 593 that would remove substantial local authority over multi-family construction.

He discussed public safety improvements made in recent years. He discussed an adjourned item on the CCC agenda for an appeal of a City Council approval of a project on a bluffs edge that he opposed and stated that during his research of the item he was informed that it was likely the CCC would recommend reversal of the approval. He discussed weekend traffic near Malibu Pier and Nobu and stated the former Hertz lot was filled with cars, despite not having received approval for offsite parking for the Malibu Inn, and requested investigation of the matter. In response to Ms. Drummond and Mr. Sampson, he stated while he appreciated being 20 Malibu City Council
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informed of what was occurring, private decisions by private organizations about employment issues were not within the Council’s purview. He stated that swimming pool usage by community organizations was determined by City staff using what he assumed were required standards. In response to Mr. Dittrich, he stated SCE would not go through the expense of undergrounding in response to pressure from the City, but if there was a lawsuit that was successful elsewhere against SCE, that possibility should be explored. In response to Mr. Laetz, he stated that the Alert FM option should be pursued. In response to Mr. Strange, he stated that he researched the Formula Retail Ordinance and stated that it was problematic, and he would talk more about it during the ADU ordinance discussion. In response to public comment, he stated that there was much support for the continuation of the farmers’ market at Legacy Park, however, it was deed restricted and they had no authority to override that restriction.

Councilmember Riggins suggested a business license program be considered by the City for more control over what businesses operated in the city.

ITEM 3 CONSENT CALENDAR
Item Nos. 3.A.1. and 3.B.6. were pulled by the public.

MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.A.1. and 3.B.6. The question was called, and the motion carried unanimously, Councilmembers Riggins and Stewart abstaining from Item No. 3.B.3.

The Consent Calendar consisted of the following items:

B. New Items

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

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 70137-70225 on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 731 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $749,004.09. City of Malibu payroll check number 5368-5370 and ACH deposits were issued in the amount of $610,553.22.

3. Approval of Minutes
Recommended Action: Approve the minutes for the October 10, 2022 Malibu City Council Regular meeting, October 24, 2022 Malibu City Council Regular meeting, October 28, 2022 Malibu City Council Special meeting.
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4. Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies, Meetings Under AB 361
Recommended Action: Consider a motion to reaffirm Resolution No. 23- 14, re-authorizing remote teleconferencing/virtual meetings pursuant to AB 361.

5. Professional Services Agreement with Iris Consulting Recommended Action: Authorize the Mayor to execute the Professional Services Agreement with Iris Consulting for software development and system integration.

7. Amendment No. 2 to Agreement with Environmental Science Associates for the Coastal Vulnerability Assessment
Recommended Action: Authorize the Mayor to execute Amendment No. 2 to agreement with Environmental Science Associates to: 1) increase the scope of work to include public engagement tasks; 2) extend the term of the agreement two years so that it will now expire on October 1, 2025; and 3) increase the total compensation for services.

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

A. Previously Discussed Items

1. Second Reading and Adoption of Ordinance No. 509
Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 509, an ordinance of the City of Malibu amending Zoning Map Amendment (ZMA) No. 17-002 and Zoning Text Amendment (ZTA) No. 20-001 to effectuate previous amendments made to Local Coastal Program Amendment (LCPA) No. 16-006 for the Sea View Hotel Project as adopted by Ordinance No. 491 on September 13, 2021 and amended by Ordinance No. 508 on July 10, 2023 pursuant to the conditional certification action taken by the California Coastal Commission (CCC) on February 8, 2023 to rezone and change the land use designation of the properties located at 22741 and 22729 Pacific Coast Highway from Community Commercial (CC) to Commercial Visitor Serving-2 (CV-2), a new Seaview Hotel Overlay District with associated development standards, including a proposed floor area ratio of 0.52 for the public benefits provided by the project (the amendments to the ZMA and ZTA are corollary to LCPA and will not be effective until the LCPA is certified by the CCC), and finding the action to require no further environmental review and/or to be exempt from such review under the California Environmental Quality Act (CEQA).

Mayor Silverstein opened the floor to public comment.

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

The Council discussed the item.
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MOTION Councilmember Stewart moved, and Councilmember Riggins seconded a motion to adopt Ordinance No. 509, an ordinance of the City of Malibu amending Zoning Map Amendment (ZMA) No. 17-002 and Zoning Text Amendment (ZTA) No. 20-001 to effectuate previous amendments made to Local Coastal Program Amendment (LCPA) No. 16-006 for the Sea View Hotel Project as adopted by Ordinance No. 491 on September 13, 2021 and amended by Ordinance No. 508 on July 10, 2023 pursuant to the conditional certification action taken by the California Coastal Commission (CCC) on February 8, 2023 to rezone and change the land use designation of the properties located at 22741 and 22729 Pacific Coast Highway from Community Commercial (CC) to Commercial Visitor Serving-2 (CV-2), a new Seaview Hotel Overlay District with associated development standards, including a proposed floor area ratio of 0.52 for the public benefits provided by the project (the amendments to the ZMA and ZTA are corollary to LCPA and will not be effective until the LCPA is certified by the CCC), and finding the action to require no further environmental review and/or to be exempt from such review under the California Environmental Quality Act (CEQA). The question was called, and the motion carried unanimously.

B. New Items

6. Assignment of Agreement to Bureau Veritas North America, Inc.

Recommended Action: Authorize the Mayor to execute an Assignment of Agreement with Bureau Veritas / California Code Check to Bureau Veritas North America, Inc.

Environmental Sustainability Director Bundy presented the staff report.

Mayor Silverstein opened the floor to public comment.

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

The Council discussed the item and directed questions to staff.

MOTION Councilmember Riggins moved, and Mayor Silverstein seconded a motion to authorize the Mayor to execute an Assignment of Agreement with Bureau Veritas / California Code Check to Bureau Veritas North America, Inc. The question was called, and the motion carried unanimously.

RECESS At 8:48 p.m., Mayor Silverstein recessed the meeting. The meeting resumed at 9:01 p.m. with all Councilmembers present.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
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A. An amendment to Title 17 (Zoning) of the Malibu Municipal Code and the Local Coastal Program to Update Regulations Related to Accessory Dwelling Units Recommended Action: 1) Adopt Resolution No. 23-43 amending the Land Use Plan (LUP) of the Local Coastal Program (LCP); 2) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 510, approving LCP Amendment (LCPA) No. 18-002, an amendment to Title 17 (Zoning) of the Malibu Municipal Code (MMC) related to definitions, guest homes and changing the term second units to accessory dwelling units (ADUs) and to the LCP to update ADU regulations and determining the amendments are exempt from the California Environmental Quality Act (CEQA); 3) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 511, approving Zoning Text Amendment No. 18-004 an amendment to title 17 (Zoning) of the MMC to update ADU regulations and determining the amendments are exempt from CEQA; 4) Direct staff to schedule second reading and adoption of Ordinance No. 510 and Ordinance No. 511 for the September 25, 2023 City Council Regular meeting.

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

The Council directed questions to staff.

Mayor Silverstein opened the floor to public comment.

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

The Council discussed the item and directed questions to staff.

MOTION Mayor Silverstein moved, and Councilmember Grisanti seconded a motion to continue to a date uncertain an amendment to Title 17 (Zoning) of the Malibu Municipal Code and the Local Coastal Program to update regulations related to Accessory Dwelling Units.

The Council discussed the motion and directed questions to staff.

The question was called, and the motion carried unanimously.

MOTION Councilmember Stewart moved, and Mayor Pro Tem Uhring seconded a motion to hear Item No. 5.A. after 10:30 p.m. The question was called and the motion carried unanimously.

B. Coastal Development Permit No. 20-068, Site Plan Review No. 21-009, and Demolition Permit No. 20-028 – An application to demolish an existing single24 Malibu City Council
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family residence and construct a new single-family residence, second unit and associated development (6734 Zumirez Drive; Owner: IBN Properties, LLC) Recommended Action: Continue this item to the September 25, 2023 Regular City Council meeting.

This item was continued to the September 25, 2023 Regular City Council meeting upon approval of the agenda.

ITEM 5 OLD BUSINESS
A. Woolsey Fire Fee Waiver Program and Rebuild Deadlines Recommended Action: 1) Consider adopting Resolution No. 23-40 superseding and replacing Resolution No. 21-62, directing the City Manager to waive certain fees related to the rebuilding of structures that were damaged or destroyed by the Woolsey Fire on a property used as a primary residence; 2) Consider adopting Resolution No. 23-41 initiating a Zoning Text Amendment (ZTA) to modify Malibu Municipal Code (MMC) Section 17.60.020(C) to extend the submittal deadline for owners to obtain a permit for Planning Verification approvals for nonconforming structures damaged or destroyed in the Woolsey Fire; and 3) If Resolution No. 23-41 is adopted, direct the Planning Commission to schedule a public hearing regarding the same.

Environmental Sustainability Director Bundy and Planning Director Mollica presented the staff report.

The Council directed questions to staff.

Mayor Silverstein opened the floor to public comment.

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

The Council discussed the item and directed questions to staff.

MOTION Mayor Silverstein moved, and Mayor Pro Tem Uhring seconded a motion directing staff to bring back a resolution extending Woolsey Fire Fee Waiver deadlines three years.

The Council discussed the motion and directed questions to staff.

The question was called and the motion carried unanimously.

MOTION Mayor Silverstein moved, and Councilmember Stewart seconded a motion to: 1) adopt Resolution No. 23-41 initiating a Zoning Text Amendment (ZTA) to modify Malibu Municipal Code (MMC) Section 17.60.020(C) to extend the submittal 25 Malibu City Council
Minutes of September 11, 2023

_________________________
deadline for owners to obtain a permit for Planning Verification approvals for nonconforming structures damaged or destroyed in the Woolsey Fire by three years; and 2) direct the Planning Commission to schedule a public hearing regarding the ZTA. The question was called and the motion carried 4-1, Councilmember Riggins opposed.

MOTION Mayor Silverstein moved, and Councilmember Stewart seconded a motion to continue Item Nos. 6.A. and 6.B. to the September 25, 2023 Regular City Council meeting. The question was called, and the motion carried unanimously.

ITEM 6 NEW BUSINESS
A. Outdoor Warning Sirens System
Recommended Action: 1) Receive a presentation on outdoor warning sirens; and 2) Provide directions to staff regarding the implementation of an outdoor warning system.

This item was continued to the September 25, 2023 Regular City Council meeting.

B. Code Enforcement Ad Hoc Committee
Recommended Action: 1) Consider forming a Code Enforcement Ad Hoc Committee, and 2) Direct the Code Enforcement Ad Hoc Committee to work with the City Manager and City Attorney to review the City’s code enforcement fines and penalties and provide recommendations back to City Council.

This item was continued to the September 25, 2023 Regular City Council meeting.

ITEM 7 COUNCIL ITEMS
None.

ADJOURNMENT
Mayor Silverstein adjourned the meeting at 11:43 p.m. in memory of those who perished in the terrorist attacks on September 11, 2001 and from injuries that occurred on that day.

Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
STEVE UHRING, Mayor
26 Malibu City Council
Minutes of September 11, 2023

_________________________
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
27

Agenda Item # 3.B.4.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Tyler Eaton, Senior Planner
Patricia Salazar, Development and Operations Manager
Reviewed by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: February 7, 2024 Meeting date: February 26, 2024 Subject: Initiate Amendments to Malibu Municipal Code Chapter 17.41 (Malibu Dark Sky)
RECOMMENDED ACTION: 1) Adopt Resolution No. 24-06 initiating an amendment to Malibu Municipal Code (MMC) Chapter 17.41 (Malibu Dark Sky); and 2) Direct staff to schedule a Planning Commission hearing to consider amendments to MMC Chapter

17.41. FISCAL IMPACT: No additional appropriation is required. Funding for this project is included in the Adopted Budget for FY 2023-24 in Account No. 101-2004-5100.00 (Building Safety 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: In October 2018, the City Council adopted the Dark Sky Ordinance. Since its adoption, MMC Chapter 17.41 has been amended twice. Ordinance No. 496 extended the deadline to October 15, 2022 for commercial, residential, and institutional zones to comply; however, the October 15, 2019 compliance deadline for gas stations did not change. Lastly, Ordinance No. 502 amended MMC Section 17.41.050(G) regarding allowable light trespass from service station properties onto the public right-of-way.

Since the adoption of Ordinance No. 502 in August 2022, staff has worked to bring gas stations and shopping centers into full compliance. While MMC Chapter 17.41 is an effective tool to deal with a majority of the lighting issues, some lighting requirements continue to be a problem with bringing the commercial sites into compliance without the need for deviations from the code.

City Council Meeting
02-26-24
Item

3.B.4.
1

Agenda Item # 3.B.4.

On October 17, 2023, site visits were conducted by staff, the City’s lighting engineer, and representatives from the City Council. There were consistent difficulties at the separate sites including meeting the City’s code, finding vendors with the compliant type of lighting and purchasing proper fixtures, concerns with redirecting lighting or having enough light for safety purposes, and a hesitation to change lighting that may compromise security measures.

A common issue, among others, is the requirement that all lights are limited to 850 lumens near scenic areas or Environmentally Sensitive Habitat Area. Both the applicant’s contractors and the City’s consultants have concurred that commercial lighting manufacturers do not make readily available light fixtures with as little light output as 850 lumens, specifically for parking lot lights which need sufficient lumens to safely light paths of travel.

To date, one of the six gas stations are in compliance with the Dark Sky Ordinance and the other five are in the process of completing the building permit process. In addition, all of the major shopping centers have submitted applications, however, most are finding it difficult to comply with the ordinance.

To resolve these issues, on November 15 and December 19, 20231, staff presented a draft ordinance to the Environmental Sustainability Subcommittee (Mayor Uhring and Councilmember Riggins). During these meetings, staff received feedback from the Subcommittee and the public. The Subcommittee recommended that the Council initiate a zoning text amendment to process the draft ordinance to provide a path to compliance without diminishing the goals of the Dark Sky Ordinance.

At this time, staff is recommending the City Council initiate a zoning text amendment to amend MMC Chapter 17.41. Since the Environmental Sustainability Subcommittee and the Zoning Ordinance Revisions and Code Enforcement Subcommittee are comprised of the same councilmembers, the Environmental Sustainability Subcommittee recommended that the ordinance go directly to the Planning Commission for its consideration. Following the Planning Commission's recommendation, the amendments will be presented to the City Council for adoption.

ATTACHMENT: Resolution No. 24-06
1 Environmental Sustainability Subcommittee agenda reports as well as the draft ordinance may be viewed at malibucity.org/agendacenter.
2 Attachment #1
RESOLUTION NO. 24-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

INITIATING AN AMENDMENT TO MALIBU MUNICIPAL CODE CHAPTER

17.41 (MALIBU DARK SKY)
The City Council of the City of Malibu does hereby find, order, and resolve as follows:

SECTION 1. Initiation.

Pursuant Malibu Municipal Code Sections 17.74.040, the City Council hereby initiates an amendment to Malibu Municipal Code Chapter 17.41 (Malibu Dark Sky).

SECTION 2. Planning Commission Hearing.

The Planning Commission is hereby directed to conduct a duly noticed public hearing in accordance with MMC Chapter 17.74. Following the public hearing, the Planning Commission shall recommend to the City Council whether it should approve, modify, or deny the proposed amendments. The Planning Commission’s recommendation shall be made by resolution carried by the affirmative vote of not less than the majority of the entire Planning Commission.

SECTION 3. Certification.

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 26th day of February 2024. ____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
APPROVED AS TO FORM:
_________________________________
TREVOR RUSIN, Interim City Attorney
3

Agenda Item # 3.B.5.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Nadia Fahoum, Assistant Civil Engineer
Reviewed by: Robert DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: January 12, 2024 Meeting date: February 26, 2024 Subject: Approval of Final Parcel Map No. 82250
RECOMMENDED ACTION: Adopt Resolution No. 24-07 approving the Final Parcel Map No. 82250, Assessor Parcel Number 4450-005-024 at 20550 Pacific Coast Highway, for recordation.

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 May 2, 2022, the Planning Commission adopted Resolution No. 22- 34 granting Coastal Development Permit No. 18-006 and approved Tentative Parcel Map No. 18-002 for the subdivision of airspace for an existing condominium located at 20550 Pacific Coast Highway (Assessor Parcel Number 4450-005-024) consisting of two units. This subdivision is for condominium purposes only and does not result in the creation of additional developments.

The Contract City Surveyor and City Engineer determined the map is complete and accurate and that all conditions of the tentative map approval have been satisfied. The map has been found to be in compliance with the Subdivision Map Act. Therefore, the City Engineer recommends approval of the final map. Upon completion of this action the final map will be recorded with the Los Angeles County Recorder’s Office.

Final approval of this subdivision is a ministerial act upon completion of all conditions of the tentative map approval. The City may only deny approval of a final map where evidence establishes that a condition of the tentative map has not been satisfied.

City Council Meeting
02-26-24
Item

3.B.5.
1

Agenda Item # 3.B.5.

Upon Council approval, the City Engineer will sign the Final Parcel Map and have the final map filed with the Los Angeles County Recorder’s Office.

ATTACHMENTS:

1. Resolution No. 24-07

2. Parcel Map (reduced copy)
2 Attachment #1
RESOLUTION NO. 24-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
APPROVING FINAL MAP RECORDATION FOR PARCEL MAP 82250,
ASSESOR PARCEL NUMBER 4450-005-024, 20550 PACIFIC COAST

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

SECTION 1. Recitals.

A. On May 2, 2022, the Planning Commission adopted Resolution No. 22-34 granting Coastal Development Permit No. 18-006 and approved Tentative Parcel Map No. 18-002 for the subdivision of airspace for an existing condominium located at 20550 Pacific Coast Highway (Assessor Parcel Number 4450-005-024) consisting of two units.

B. The City Engineer has determined that the final map is complete and accurate and all conditions of the tentative map approval have been satisfied.

SECTION 2. The City Council hereby approves Parcel Map No. 82250 for Map Recordation.

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 __th day of ____ 2024. _____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSSIN, Interim City Attorney
3 IN THE CITY OF MALIBU, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA

FOR CONDOMINIUM PURPOSES
PARCEL MAP NO. 82250

R.C.E. NO. 57943

CITY ENGINEER, CITY OF MALIBU
ROB DuBOUX DATE
____________________________________ ___________________ APPROVAL OF TENTATIVE MAP HAVE BEEN COMPLIED WITH.

ORDINANCES OF THE CITY OF MALIBU APPLICABLE AT THE TIME OF THEREOF; THAT ALL PROVISIONS OF STATE LAW AND SUBDIVISION

SUBSTANTIALLY TO THE TENTATIVE MAP AND APPROVED ALTERATIONS

I HEREBY STATE THAT I HAVE EXAMINED THIS MAP, THAT IT COMFORMS CITY ENGINEERS STATEMENT:

UTILITIES AS RECORDED IN BOOK 23239, PAGE 150 OF OFFICIAL RECORDS ARTHUR A. JONES AS HOLDER OF AN EASEMENT FOR PUBLIC AND/OR PRIVATE PAGE 337 OF OFFICIAL RECORDS
TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AS RECORDED IN BOOK 11716,

STATE OF CALIFORNIA AS HOLDER OF AN EASEMENT FOR PRIVILEGE AND RIGHT AND SAID SIGNATURE(S) IS (ARE) NOT REQUIRED BY THE LOCAL AGENCY.

BEEN OMITTED. THEIR INTEREST BEING SUCH THAT IT CANNOT RIPEN INTO FEE

SIGNATURES OF THE FOLLOWING OWNERS OF THE FOLLOWING INTERESTS HAVE PURSUANT TO SECTION 66436 (a) 3A (i-viii) OF THE SUBDIVISION MAP ACT, THE L

ICENSED LAND SURVEYOR
S
TATE

OF CALIFORN IA
MARK D.SANDSTROM
No.LS 6847

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA

REQUIRED BY LAW EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE

ASSESSMENTS COLLECTED AS TAXES ON THE LAND SHOWN ON THIS MAP AS

OF LOS ANGELES AS SECURITY FOR THE PAYMENT OF TAXES AND SPECIAL

FILED WITH THE EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE COUNTY I HEREBY CERTIFY THAT SECURITY IN THE AMOUNT OF $_________HAS BEEN

STATE OF CALIFORNIA

EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, 66493 OF THE SUBDIVISION MAP ACT.

BEEN MADE THAT ARE REQUIRED UNDER THE PROVISIONSOF SECTION 66492 AND

I HEREBY STATE THAT ALL CERTIFICATES HAVE BEEN FILED AND DEPOSITS HAVE LOS ANGELES COUNTY TAX CERTIFICATE:

ACCESS AND UTILITY EASEMENTS FOR THE UNITS

INTEREST IN THE COMMON ARES THAT WILL, IN TURN, PROVIDE THE NECESSARY

WHEREBY THE OWNERS OF THE UNITS OF AIRSPACE WILL HOLD AN UNDIVIDED THIS SUBDIVISION IS APPROVED AS A CONDOMINIUM PROJECT FOR TWO(2) UNITS, CONDOMINIUM NOTE:

NO. 1745 OF OFFICIAL RECORDS
OTHER HYDROCARBON SUBSTANCES, AS RECORDED APRIL 15, 1964 AS INSTRUMENT

MINERALS, WHICH MAY INCLUDE BUT WHICH MAY NOT BE LIMITED TO OIL, GAS, OR DUNAS GREENE & SWIDLER INC. AS HOLDER OF AN INTEREST IN, OR RIGHTS TO, AND SAID SIGNATURE(S) IS (ARE) NOT REQUIRED BY THE LOCAL AGENCY.

BEEN OMITTED.THEIR INTEREST BEING SUCH THAT IT CANNOT RIPEN INTO FEE

SIGNATURES OF THE FOLLOWING OWNERS OF THE FOLLOWING INTERESTS HAVE PURSUANT TO SECTION 66436 (a) (3C) OF THE SUBDIVISION MAP ACT, THE ____________________________________
PLS 6847
MARK D. SANDSTROM DATE
____________________________________ ___________________ RETRACED.

THE MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE

WITHIN TWENTY-FOUR MONTHS FROM THTE FILING DATE OF THIS MAP, AND THAT

OCCUPY THE POSITION INDICATED, OR THAT THEY WILL BE SET IN THOSE POSITIONS APROVED TENTATIVE MAP, IF ANY. ALL MONUMENTS ARE OF THE CHARACTER AND

PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY OF CJAH PROPERTIES, LLC, ON DECEMBER 18, 2017. I HEREBY STATE THAT THIS

MAP ACTAND LOCAL ORDINANCE AT THE REQUEST OF JON DEIRMENJIAN, TRUSTEE

A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON SURVEYOR'S CERTIFICATE:

BY: LEIGH PORTER (FOR BENEFICIARY)
T

CHRISTOPHER G VANDREY
D
C
L
I
L
S
AND
O
ST
A
A
E
F
C
OF

ALIORN I
ENSE
No. 8783
Y
R
E
URV
SHEET 1 OF 3 SHEETS

CITY CLERK'S CERTIFICATE
________________________________________ DATE:_____________

IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
AS PER MAP RECORDED IN BOOK 694 PAGES 68 AND 69 OF MAPS,

CITY OF MALIBU, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING A SUBDIVISION OF LOT 8 OF TRACT NO. 26817, IN THE

CITY TREASURER, CITY OF MALIBU DATE
____________________________________ ___________________ IN FULL, HAVE BEEN PAID IN FULL.

WITHIN SUBDIVISION OR ANY PART THEREOF IS SUBJECT, AND WHICH MAY BE PAID

JURISDICTION OF THE CITY OF MALIBU, TO WHICH THE LAND INCLUDED IN THE

I HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE

CITY TREASURER'S CERTIFICATE

______________________ ______________________
BY: ANDREW SUGERMAN BY: SARAH JANE SUGERMAN

AS TO AN UNDIVIDED ONE-HALF INTEREST

HUSBAND AND WIFE, AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP

ANDREW SUGERMAN AND SARAH JANE SUGERMAN,

SUBDIVISION

LINES, AND WE CONSENT TO THE PREPARATION AND FILING OF SAID MAP AND

WITHIN THE SUBDIVISION SHOWN ON THIS MAP WITHIN THE DISTINCTIVE BORDER

WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LANDS INCLUDED OWNERS STATEMENT:

AS TO AN UNDIVIDED ONE-HALF INTEREST

CJAH PROPERTIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY,

______________________ ________________________
BY: DATE
ANGELES COUNTY, STATE OF CALIFORNIA.
694, PAGES 68 AND 69 OF MAPS IN THE OFFICE OF THE RECORDER OF LOS COAST HIGHWAY AS SHOWN ON TRACT MAP NO. 26817 AS RECORDED IN BOOK SEMI-TANGENT OF THE 1600.39' RADIUS CURVE ON THE CENTERLINE OF PACIFIC THE BASIS OF BEARINGS FOR THIS MAP IS NORTH 82°32' 48" WEST ALONG THE BASIS OF BEARINGS:

APPROVE SAID MAP.

THEREUPON THE SAID COUNCIL DID BY AN ORDER DULY PASSED AND ENTERED, REGULAR MEETING, HELD ON THE _____ DAY OF ___________, 20___ AND THAT

THIS MAP WAS PRESENTED FOR APPROVAL TO THE MALIBU CITY COUNCIL AT A

I, HEATHER GLASER, CITY CLERK OF THE CITY OF MALIBU, DO HEREBY CERTIFY THAT ______________________ ________________________
BY: DATE
BY: JOHN M. DEIRMENJIAN, SOLE MEMBER/MANAGER
____________________________________

KELSEY PETTIJOHN, CITY CLERK
20211271223, OFFICIAL RECORD OF LOS ANGELES COUNTY, STATE OF CALIFORNIA DEED OF TRUST DATED AUGUST 19, 2021, RECORDED AS INSTRUMENT NO. 5TH STREET CAPITAL, INC., A CALIFORNIA CORPORATION, AS BENEFICIARY UNDER OF THE FOLLOWING OWNERS OF THE FOLLOWING INTEREST(S) IS REQUIRED:

PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT, THE SIGNATURES PLS 8783

CITY SURVEYOR, CITY OF MALIBU
CHRISTOPHER G. VANDREY DATE
____________________________________ ___________________ THIS MAP IS TECHNICALLY CORRECT.

I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND THAT I AM SATISFIED THAT CITY SURVEYOR'S STATEMENT:

Attachment #2
4 IN THE CITY OF MALIBU, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA

FOR CONDOMINIUM PURPOSES
PARCEL MAP NO. 82250
SHEET 2 OF 3 SHEETS
NOTARY:

NOTARY:

IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
AS PER MAP RECORDED IN BOOK 694 PAGES 68 AND 69 OF MAPS,

CITY OF MALIBU, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING A SUBDIVISION OF LOT 8 OF TRACT NO. 26817, IN THE PRINCIPAL OFFICE LOCATED IN COUNTY OF:

MY COMMISSION EXPIRES:

PRINTED:

SIGNATURE:

WITNESS MY HAND AND OFFICIAL SEAL:

CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF

BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT

SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON

HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR

AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTEDTHE SAME IN

PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE __________________________________________________________ __________________________________________________________ __________________________________________________________

NOTARY PUBLIC, PERSONALLY APPEARED
ON THIS DAY OF , 20 , BEFORE ME, , A

COUNTY OF LOS ANGELES )SS

STATE OF CALIFORNIA
TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE

VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE PRINCIPAL OFFICE LOCATED IN COUNTY OF:

MY COMMISSION EXPIRES:

PRINTED:

SIGNATURE:

WITNESS MY HAND AND OFFICIAL SEAL:

CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF

BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT

SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON

HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR

AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN

PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE __________________________________________________________ __________________________________________________________ __________________________________________________________

NOTARY PUBLIC, PERSONALLY APPEARED
ON THIS DAY OF , 20 , BEFORE ME, , A

COUNTY OF LOS ANGELES )SS

STATE OF CALIFORNIA
TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE

VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE NOTARY: NOTARY:

PRINCIPAL OFFICE LOCATED IN COUNTY OF:

MY COMMISSION EXPIRES:

PRINTED:

SIGNATURE:

WITNESS MY HAND AND OFFICIAL SEAL:

CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF

BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT

SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON

HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR

AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTEDTHE SAME IN

PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE __________________________________________________________ __________________________________________________________ __________________________________________________________

NOTARY PUBLIC, PERSONALLY APPEARED
ON THIS DAY OF , 20 , BEFORE ME, , A

COUNTY OF LOS ANGELES )SS

STATE OF CALIFORNIA
TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE

VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE PRINCIPAL OFFICE LOCATED IN COUNTY OF:

MY COMMISSION EXPIRES:

PRINTED:

SIGNATURE:

WITNESS MY HAND AND OFFICIAL SEAL:

CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF

BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT

SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON

HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR

AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN

PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE __________________________________________________________ __________________________________________________________ __________________________________________________________

NOTARY PUBLIC, PERSONALLY APPEARED
ON THIS DAY OF , 20 , BEFORE ME, , A

COUNTY OF LOS ANGELES )SS

STATE OF CALIFORNIA
TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE

VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE 5 22741PACIFIC COAST HIGHWAY
MALIBU,CA 90265
FAX (310)456-9821
BUSINESS (310)456-9381
SUITE #400A

IN THE CITY OF MALIBU, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA

FOR CONDOMINIUM PURPOSES
SCALE: 1" = 20'
PARCEL MAP NO. 82250
AND WAVE RUSH.

TO FLOOD HAZARD DUE TO TIDAL ACTION

PORTIONS OF PROPERTY ARE SUBJECT

HELD AS PI
PER R-1

SPK&W ILLEG
01/22/18

MAP PREPARED BY:

C
L
LEGEND:

BOUNDARY OF LAND BEING SUBDIVIDED

BY THIS MAP
STREET CENTERLINE:

EASEMENT:

MONUMENTS TO BE SET:

FOUND MONUMENTS AS DESCRIBED:

R-4 - BOOK 23239, PAGE 150, DATED APRIL 2, 1946
R-3 - DOCUMENT NO. 5193, DATED APRIL 15, 1964
R-2 - DOCUMENT NO. 1745, DATED APRIL 15, 1964
R-1 - TRACT NO. 26817, MB 694/68-69
D-1 - DEED NO. 20171210077
REFERENCES:
5,291.4 SQ.FT./0.12 ACRES
AREA TO MEASURED MHTL=
4,349.4 SQ.FT./0.10 ACRES
AREA PER RECORD MHTL=

SPK&W SPIKE & WASHER

RAD RADIAL

PI POINT INTERSECT

MHTL MEAN HIGH TIDE LINE

M MEASURED

L&T LEAD & TACK

ILLEG ILLEGIBLE

FD FOUND
ETCH X ECHED/SCRIBED "X"

EC END CURVE
B.O.B. BASIS OF BEARING
ABBREVIATIONS:

40.17'
N
0 0
°02
'
4 9
"
E
N00
°02
'49
"
E
108.1
5 '
109.16
'

40.17' 40.17'
N00
°02
'49
"
E
N
0 0
°
0 2
'
4 8
"
E
106.12
'
1 0

9.13 '
CL
8 0
'
40 '
40 '

PACIFIC COAST HIGHWAY
L=305.79 R 1600.39'
N86°30'21"E 153.36'

PACIFIC OCEAN

4.49'

20.09' 20.09' 20.02'

20.02'
MHTL
MHTL

4.49'
20 0 20 40 60
Scale 1" = 20'
S
TA
49 +
7 1.45
PER R-3
HISTORICAL 1961MHTL
PER R1
DATED JULY 13, 1960

MHTL PER SURVEY
N
07 °
2 7
'
13 "
E
N00
°02
'
4 9
"
E

40.0 2
'
N
0 0
°
0 2
'
4 8
"
E
4 0.2
2 '
D =10 56'51"
153.36' N82°32'48"W (B.O.B.)

PROJECT REVIEW FOR MALIBU)

STATE LANDS COMMISSION COASTAL
(4.49'PER CALIFORNIA
DATED DECEMBER 18,2017

MHTL PER SURVEY
(R1)
LOT 7
(R1)
LOT 8
(R1)
LOT 9
LOT 1

2.3' 2.45'
AS SHOWN ON R-1

FLOOD HAZARD ZONE

2.42' 1.91'

4.8'
PER D-1 PARCEL 3, AND PER R-2 PARCEL 3

2.3' WIDE EASEMENT FOR INGRESS AND EGRESS
PER R-2 PARCEL 3, AND R-3 PARCEL 1

2.45' WIDE EASEMENT FOR INGRESS AND EGRESS
PER D-1 PARCEL 2, AND PER R-3 PARCEL 3

1.91' WIDE EASEMENT FOR INGRESS AND EGRESS
PER R-2 PARCEL 1, AND R-3 PARCEL 3

2.42' WIDE EASEMENT FOR INGRESS AND EGRESS
N84°41'01"W
2 2.96
'

24.37 '
NO REF
CORNER

1.64' TO PROP
N83°18'50"E

FD ETCH X
ON R-1
PER R-4 AND AS SHOWN
4' WIDE UTILITY EASEMENT

7.5'
N03
°08'58
"E
(RAD.)
N04
°
3 7'17
"E
(RAD.)
N
06 °
05'48
"E
(RAD.)

HELD AS PROP COR
NO REF; NO TAG, NO#
FD L&T

HELD AS EC
PER R-1

SPK&W LACO
2 3
0 4
°
6 =
1 1
=
L
=
D
R
.
0 0
1 '
.
4 3
3 '
1 9
"
'
(
RAD
)
L=120.29'D=4°18'23" R=1600.39'
PER R-2 AND R-3

EASEMENT FOR INGRESS AND EGRESS,
VARIABLE WIDTH (4.8'-7.5')
R=1560.39'
D=01°28'13"
L=40.04'
R=1560.39'
D=01°28'19"
L=40.09'
R=1560.39'
D=01°28'31"
L=40.18'

PACIFIC COAST HWY
P.I.Q.

LOS
FLORES
CANYON
RD

RAMBLA PACIFICO
ST

LOSFLORES
RD
CYN

NO SCALE

P A C IF IC O C E A N

P A C IF IC O C E A N

VICINITY MAP

IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
AS PER MAP RECORDED IN BOOK 694 PAGES 68 AND 69 OF MAPS,

CITY OF MALIBU, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, BEING A SUBDIVISION OF LOT 8 OF TRACT NO. 26817, IN THE SHEET 3 OF 3 SHEETS
6 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 25, 2024 Meeting date: February 26, 2024 Subject: Professional Services Agreement for City Hall Solar Power Project RECOMMENDED ACTION: Authorize the Mayor to execute a Professional Services Agreement with Kimley-Horn in the amount not to exceed $290,320 for engineering design services for the City Hall Solar Power Project.

FISCAL IMPACT: Funding for this project is included in the Adopted Budget for FY 2023- 24 in Account No. 310-9078-5100 (City Hall Solar Power Project) in the amount of $4,000,000.

Project Estimate Project Funding
Design $290,320 General Fund $4,000,000
Construction $3,709,680
Total $4,000,000 Total $4,000,000
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: In 2017, the City Hall Solar Power Project was adopted in the City’s budget and identified as a priority Capital Improvement Project. The objective of the project is to install a solar power system that will provide City Hall with clean renewable energy that will not only reduce the City’s overall carbon footprint but also work towards the goal of making City Hall a Zero Net Energy (ZNE) building.

On June 1, 2017, staff issued a Request for Qualifications/Proposals (RFQ/P) for engineering design services for the City Hall Solar Power Project. On September 24, 2017, City Council Meeting
02-26-24
Item

3.B.6.
1 the City Council Authorized the City Manager to execute a Professional Services Agreement with Integral Group for the Design, Permitting and Bid Support of the City Hall Solar Power Project.

In 2018, the project design phase was completed, and the project was set to advertise for construction bids. Due to insufficient funding and the impacts of the Woolsey Fire, the City chose to accommodate other budget priorities resulting from the Woolsey Fire. The City Hall Solar Power Project was placed on hold through fiscal years 2019-2020, 2020-2021, 2021-2022, and 2022-2023.

The City’s Fiscal Year 2023-2024 adopted budget includes funding for the City Hall Solar Power Project. The City Hall Solar Project will remain the same in terms of concept and objectives. The project will include the installation of a solar electrical power system and EV chargers at City Hall, with project objectives that focus on ways to significantly reduce the purchased energy and associated operating costs of the City Hall facilities.

On October 19, 2023, staff issued a Request for Qualifications/Proposals (RFQ/P) for engineering design services for the City Hall Solar Power Project to retain a qualified consultant to review the previously approved design plans and make modifications to bring the plans up to code and ensure the most current technology is being used.

On December 14, 2023, the City received one (1) proposal from Kimley-Horn. The proposal was reviewed, and the consultant was evaluated and found to be a qualified firm for this project. Kimley-Horn has successfully completed many similar projects for other public agencies.

Staff recommends authorizing the Mayor to execute a professional services agreement with Kimley-Horn in an amount not to exceed $290,320 for engineering design services for the City Hall Solar Power Project.

ATTACHMENTS: Professional Services Agreement with Kimley-Horn 2 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of February 26, 2023 by and between the City of Malibu (hereinafter referred to as the "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. 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 engineering design services for the City Hall Solar Power Project.

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 B 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 B 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 26, 2024, and will remain in effect for a period of 3 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 Exhibit “B”, Scope of Work and Exhibit “C” compensation schedule. The cost of services shall not exceed $290,320. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

Attachment #1
3 Agreement for Professional Services
Kimley Horn and Associates

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. 4 Agreement for Professional Services
Kimley Horn and Associates

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 A which is incorporated herein.

6.5 Indemnification.

To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and any and all of its officials, employees, agents, and volunteers (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to or relate to the negligence, recklessness, or willful misconduct of the Consultant.

Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault.

Consultant’s percentage of fault, for both indemnity and defense, shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability, or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, and the parties cannot mutually agree on Consultant’s percentage of fault, the parties agree to mediation with a neutral third-party to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.

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.
5 Agreement for Professional Services
Kimley Horn and Associates

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

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

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

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

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

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

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

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

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

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

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

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. 7 Agreement for Professional Services
Kimley Horn and Associates

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, 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: Sri Chakravarthy, PE, TE City Manager Vice President
City of Malibu Kimley Horn and Associates
23825 Stuart Ranch Road 660 South Figueroa St., Ste.
2050
Malibu, CA 90265-4861 Los Angeles CA 90017
TEL (310) 456-2489 x 226 TEL (213) 261.4037
FAX (310) 456-2760

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

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

7.1 Disclosure Required. By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission 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 8 Agreement for Professional Services
Kimley Horn and Associates

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.

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 ______
City Initials ______
Consultant Initials
9 Agreement for Professional Services
Kimley Horn and Associates

This Agreement is executed on _____________________, at Malibu, California, and effective as of February 26, 2024.

CONSULTANT: _______________________________ By: Sri Chakravarthy, PE, TE Vice President/Principal-in-Charge
CITY OF MALIBU: ___________________________________ STEVE UHRING, Mayor ATTEST: ___________________________________ KELSEY PETTIJOHN, City Clerk (seal)
APPROVED AS TO FORM: ___________________________________ TREVOR RUSIN, Interim City Attorney 10 Agreement for Professional Services
Kimley Horn and Associates

EXHIBIT A

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.

Umbrella or Excess Liability Insurance. Consultant shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.

Should Consultant obtain and maintain an excess liability policy, such policy shall be excess 11 Agreement for Professional Services
Kimley Horn and Associates

over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

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

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

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.
12 Agreement for Professional Services
Kimley Horn and Associates

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.

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 13 Agreement for Professional Services
Kimley Horn and Associates

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.

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.
14 City Hall Solar Power Project

PROJECT UNDERSTANDING AND APPROACH/METHODOLOGY
Our team understands that the City of Malibu is looking to implement alternative power generation using latest solar power source technology at the City Hall. This will help the City Hall as a Zero Net Energy (ZNE) building by offsetting as much electrical consumption as possible, as well as providing new vehicle charging stations using an alternate power source like a Battery Energy System Storage (BESS).

In 2018, a Plans, Specifications, and Estimate (PS&E) package was completed to construct these improvements. However, due to various reasons, the project was put on hold. We also understand that CAD design files may not be available and would need to be developed as part of this effort. In addition, the PS&E package would need to be revised based on latest technology and updated design standards.

Kimley-Horn’s expertise and thorough process in energy engineering and alternative generation has successfully guided clients through pre-development activities, entitlement/permitting processes, and engineering for over 3,000 solar projects throughout the country. In addition, we’ve assisted commercial, industrial, and residential developers in navigating similar processes on thousands of development projects throughout the country as well as within the state of California. Our analytics team will also be able to provide a breakdown of the expected percent reduction in Demand of KW which will also include a cost and savings analysis that will result from the proposed design. We can help you assess the needs of the local stakeholders and ways to address their needs while achieving a successful project.

SCOPE OF WORK
Task 1: Project Management, Quality Control/Quality Assurance, Coordination, and Bid Support Task 1.1 Project Progress Reports and Schedule
Schedule, status reports, and budget updates will be provided monthly. Monthly project status reports will be used to communicate progress on the project, upcoming work activities, and to identify and resolve project issues. Kimley-Horn will furnish monthly progress reports to the City. These reports will include:

Progress Report: A narrative progress report of specific accomplishments during the reporting period, project decision log, and work scheduled for the next reporting period.

Cost Report: A report that shows the current period and accumulated expenditures to date by subtask, the approved not to exceed fee, remaining fee, percent completion, and a comparison of the latter two to show variation.

Schedule Summary: The summary will include a description of known or possible impacts on the schedule, a presentation of deliverable submittal dates and a one-month table of upcoming events (e.g., meetings and deliverables). The schedule summary will be updated monthly.

Invoices: Invoices by task, showing hourly expenditures to the subtask level (e.g., Subtask 2.1) and by individual.

Deliverables
Project Progress Reports and Schedule updates (hard copies with invoice and/or electronic copies via email) Task 1.2 Project Status Meetings
Kimley-Horn will prepare and conduct up to four (4) project status meetings with the City at regular intervals throughout the project.
15 Deliverables
Meeting agendas, materials, and meeting notes
Action item list
Task 1.3 Project Management
Kimley-Horn will provide effective project management to lead and coordinate project team, communicate information, perform the work, produce deliverables, and to control project costs and schedule performance. Providing effective project management and administration is key to the success of any project. Effective project management is predicated upon having the necessary tools in place to monitor a project’s process, making sure there are open communication channels through which information can be shared, and understanding optimal processes that help guide the project management team and project committees to key decisions at the appropriate times.

Task 1.4 Quality Assurance / Quality Control
Kimley-Horn will implement its quality assurance and quality control program, which includes a senior level review of project deliverables.

The QA/QC program will identify the major project deliverables at the beginning of the project and notifications will be sent out to the team ahead of deliverables to schedule QC reviews. The project manager will schedule reviews and make sure reviews are completed. Upon completion of QC reviews, the technical manager and task leaders will review the comments and determine appropriate revisions and responses to comments. The technical manager will then conduct a follow up meeting to “close the loop” with the QC reviewer and obtain approval of comment resolutions. The project manager will oversee the QA/QC process and will resolve any conflicting comments between the QC reviewer, technical manager, and independent reviewers performing work.

Task 1.5 Bid Support
Kimley-Horn will provide assistance to the City during the project bid phase, including attendance at pre-construction meeting and on-site meetings, and responding to RFIs.

Task 1.6 Construction Support Services
Kimley-Horn will provide assistance to the City during the construction phase, including reviewing shop drawing submittals, making design change requests, attendance at on-site meetings, and responding to RFIs. We have assumed up to 40 hours of effort for this task.

Task 2: Project Development, Preliminary Engineering, Preliminary Design, Environmental Documents, Coastal Development Permit Initiation
Task 2.1 Project Development and Preliminary Design
Kimley-Horn will:

Collect and perform a review of the existing design plans, studies, reports, and all associated documents and conduct additional technical analysis and studies that may be required for the project.

Prepare and conduct presentations to the City Council, Planning Commission, and other permitting agencies and commissions as necessary as determined by the City.

Initiate coordination with all utility companies to include initiation of permit acquisition(s) and interconnection agreement discussions with Southern California Edison.

Work with Southern California Edison to ensure compatibility with proposed Solar Power Panels. 16 We anticipate using the City provided design plans as a starting point to review and assess the changes. These changes will likely be as a result of newer available technology, updated design standards, design refinements, or others. We will coordinate with City staff to review the changes prior to initiating the design phase.

Task 2.2 Environmental Documentation and Coastal Development Permit Initiation Based on Kimley-Horn’s review of the RFP documents and site plans, Kimley-Horn assumes that the appropriate California Environmental Quality Act (CEQA) document to support environmental clearance under CEQA will be a Categorical Exemption. Depending on the final site plans for the project, the project may quality for a Class 1 Categorical Exemption, Class 3 Categorical Exemption, Class 11 Categorical Exemption, or a Statutory Exemption pursuant to Public Resources Code Section 21080.35. Following discussions with City staff, Kimley-Horn will prepare a memorandum to provide substantial evidence as to why the project would qualify for these exemptions. Kimley-Horn is available to provide additional technical assistance as it relates to preparing technical studies pertaining to construction analyses (e.g., short-term air quality and noise analyses). Kimley-Horn will assist the City in preparing a notice of exemption and with filing the notice with the County Clerk and online with the State Clearinghouse via CEQAnet.

It is understood that the proposed project will not be subject to the California Coastal Act and will be permitted through an Administrative Permit Review (APR). An APR would be reviewed and approved by the City Planning department and would not require Planning Commission or Coastal Commission Approval. Kimley-Horn would prepare supporting documents for this streamlined APR and submit to the City for review. Kimley-Horn will prepare and submit a revised APR along with responses to City comments.

Task 3: Permitting, Utility Coordination, and Preliminary Design Task 3.1 Permitting and Utility Coordination
Kimley-Horn will conduct the research to determine what permits are required for this project and coordinate with all utility companies during the design and permit phase of design. These permits may include the City of Malibu Coastal Development Permits and Southern California Edison Permits, including any permit fees.

Kimley-Horn will address all City comments as requested on plans and application through the City permitting process.

Kimley-Horn will also coordinate with Southern California Edison to facilitate the final design, permits, and required interconnection agreement for the City Hall Solar Power Project. This task shall include conducting progress meetings and reports.

Task 3.2 Preliminary Design
Kimley-Horn will prepare a preliminary (modified) design for the project. If necessary, Kimley-Horn will prepare project technical memos for the City prior to submitting preliminary modified designs to clear up any design issues. We anticipate using the current topographic survey as provided by the City prior to determining if any additional updated survey will be required. The primary objective of the preliminary phase and technical memos is to present information and to receive sufficient feedback on various design concepts. Kimley-Horn will submit 50% modified design concepts and cost estimates to the City for review.

Deliverables
50% preliminary (modified) design plans and estimates.

Technical memos
17 Task 4: Final Design and Permitting
Task 4.1 90% Design Submittal
At the completion of the Preliminary Design and receiving comments from the City, Kimley-Horn will prepare the 90% final design submittal package. This submittal package shall contain a complete set of plans, specifications and construction estimates for all projects. The technical construction specifications shall be prepared in accordance with City format (SSPWC “Greenbook” and CSI Format, most recent editions). We anticipate up to 50 sheets that include the following design plans:

Title Sheet
Topographic Survey
Demolition Sheets
Grading Plans
Utility Plan
Civil Details
Structural Notes Sheet
Structural Plans
Structural Details
Electrical Notes Sheet
Electrical Site Plan
Carport Plans
Electrical Line Diagram Plans
Panel Details and Schedules
Electrical Details
PV Cutsheets
Task 4.2 100% Design Submittal
The 100% submittal package shall contain a complete set of revised plans, specifications, cost estimates and a detailed comment response document that specially addresses all comments from the 90% Design Submittal.

Task 4.3 Final Submittal
Kimley-Horn will incorporate all appropriate comments from the City’s review into final plans, specifications, and cost estimates.

The final plans and specifications shall be stamped and signed by a licensed professional engineer. Final submittal of plans and specifications shall be submitted in hard copy and electronic formats.

Submit a Stormwater Pollution Prevention Plan that satisfies the requirements of the City’s stormwater program and all other applicable regulatory agencies.

Submit a traffic control plan that satisfies the requirements of the City to minimize the disturbance to City hall patrons and staff.

Deliverables
90%, 100% and Final Contract Plans
90%, 100% and Final Contract Specifications
90%, 100% and Cost Estimates
18 19
Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Brandie Ayala, Administrative Analyst
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: January 22, 2024 Meeting date: February 26, 2024 Subject: Los Angeles County Measure M Transportation Funding Agreement RECOMMENDED ACTION: Authorize the Mayor to execute the Los Angeles County Measure M Funding Agreement for the Pacific Coast Highway Pedestrian Undercrossing at Malibu Seafood Project.

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: Los Angeles County Measure M was approved by voters in 2016. These funds may be used to fund transportation related projects. It is anticipated that the City will receive approximately $45 million from Measure M over the next forty years. There is no impact to the General Fund associated with the expenditure of Los Angeles County Measure M funding.

The PCH Pedestrian Undercrossing at Malibu Seafood project was identified as Priority ID No. 78 in the 2015 PCH Safety Study. This project was also discussed during the April 11, 2022, City Council meeting. At this meeting, Council received an update on Los Angeles County Measure R and Measure M Transportation funds and provided Staff with directions on implementing future projects using these funds. The Council identified this project as Priority Project No. 7 in the Safety Priority Project list.

The PCH Pedestrian Undercrossing at Malibu Seafood project consists of constructing a new pedestrian undercrossing that would connect Corral Beach, across from Malibu City Council Meeting
02-26-24
Item

3.B.7.
1 Seafood to the Sara Wan trailhead located next to Malibu Seafood. This project also includes ADA access and construction of lighting within the pedestrian undercrossing to improve visibility.

This project is eligible to use Measure M funds since it includes an active transportation element. Staff has submitted the project to Metro for funding approval. Measure M funds are now available for this project. The project requires a funding agreement between the City and Metro for the disbursement of $2.25 million in Measure M funds to be used towards the PCH Pedestrian Undercrossing at Malibu Seafood project.

Staff recommends that Council authorize the Mayor to execute the Los Angeles County Measure M Funding Agreement for the Pacific Coast Highway Pedestrian Undercrossing at Malibu Seafood Project.

ATTACHMENTS:

1. Funding Agreement with Los Angeles County for the PCH Pedestrian Undercrossing at Malibu Seafood Project
2 FTIP #: N/A
Subregion ID: Las Virgenes/Malibu
Project ID#: MM4401.13
FA# 9200000000M440113
Rev: 05.16.2023 1 Measure M Funding Agreement – MSP

MEASURE M FUNDING AGREEMENT

MULTI-YEAR SUBREGIONAL PROGRAMS
This Funding Agreement (“FA”) is made and entered into effective as of November 6, 2023 (“Effective Date”), and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and City of Malibu ("GRANTEE") for Pedestrian Undercrossing at Malibu Seafood, LACMTA Project ID# MM4401.13 (the "Project"). This Project is eligible for funding under Line 56 of the Measure M Expenditure Plan.

WHEREAS, LACMTA adopted Ordinance #16-01, the Los Angeles County Traffic Improvement Plan, on June 23, 2016 (the “Ordinance”), which Ordinance was approved by the voters of Los Angeles County on November 8, 2016 as “Measure M” and became effective on July 1, 2017.

WHEREAS, the funding set forth herein is intended to fund Plans, Specifications and Estimates (PS&E), and Construction of the Project.

WHEREAS, the LACMTA Board, at its February 23, 2023 meeting, programmed $2,250,000, in Measure M Funds to GRANTEE for PS&E and Construction, subject to the terms and conditions contained in this FA; and
WHEREAS, the Funds are currently programmed as follows: $400,000 in Measure M Funds in Fiscal Years FY 2023-24; $600,000 in FY 2024-25; and $1,250,000 in FY 2025-26. The total designated for PS&E and Construction of the Pedestrian Undercrossing at Malibu Seafood is $2,250,000.

NOW, THEREFORE, the parties hereby agree as follows:

The terms and conditions of this FA consist of the following and each is incorporated by reference herein as if fully set forth herein:

1. Part I – Specific Terms of the FA

2. Part II – General Terms of the FA

3. Attachment A – Project Funding

4. Attachment B – Expenditure Plan- Cost & Cash Flow Budget

5. Attachment C – Scope of Work

6. Attachment D – Project Reporting and Expenditure Guidelines

7. Attachment D-1 – Intentionally omitted

8. Attachment D-2 – Quarterly Progress/Expenditure Report

9. Attachment E – Bond Requirements

10. Any other attachments or documents referenced in the above documents In the event of a conflict, the Special Grant Conditions, if any, shall prevail over the Specific Terms of the FA and any attachments and the Specific Terms of the FA shall prevail over the General Terms of the FA.

Attachment #1
3 4
FTIP #: N/A
Subregion ID: Las Virgenes/Malibu
Project ID#: MM4401.13
FA# 9200000000M440113
Rev: 05.16.2023 3 Measure M Funding Agreement – MSP
PART I

SPECIFIC TERMS OF THE FA

1. Title of the Project (the "Project"): Pedestrian Undercrossing at Malibu Seafood – Plans, Specifications and Estimates (PS&E), and Construction of the Project. LACMTA Project ID# MM4401.13.

2. Grant Funds:

2.1 Programmed Funds for this Project consist of Measure M Funds.

2.2 To the extent the Measure M Funds are available; LACMTA shall make to GRANTEE a grant of the Measure M funds in the amount of $2,250,000 (the “Funds”) for the Project. LACMTA Board of Directors’ action of February 23, 2023 granted the Measure M Funds for the Project. The Funds are programmed over three years for Fiscal Years FY 2023-24, FY 2024-25, and FY 2025-26.

3. This grant shall be paid on a reimbursement basis. GRANTEE must provide the appropriate supporting documentation with the Quarterly Progress/Expenditure Report.

GRANTEE Funding Commitment, if applicable, must be spent in the appropriate proportion to the Funds with each quarter’s expenditures. LACMTA will withhold five percent (5%) eligible expenditures per invoice as retention pending an audit of expenditures and completion of scope of work.

4. Attachment A the “Project Funding” documents all sources of funds programmed for the Project as approved by LACMTA. The Project Funding includes the total programmed funds for the Project, including the Funds programmed by LACMTA and, if any, the GRANTEE Funding Commitment of other sources of funding. The Project Funding also includes the fiscal years in which all the funds for the Project are programmed. The Funds are subject to adjustment by subsequent LACMTA Board Action.

5. Attachment B is the Expenditure Plan- Cost & Cash Flow Budget (the "Expenditure Plan"). It is the entire proposed cash flow, the Budget and financial plan for the Project, which includes the total sources of all funds programmed to the Project, including GRANTEE and other entity funding commitments, if any, for this Project as well as the fiscal year and quarters the Project funds are anticipated to be expended. GRANTEE shall update the Expenditure Plan annually, no later than December 31, and such update shall be submitted to LACMTA’s Senior Executive Officer managing the Measure M Multi-Year Subregional Program in writing. If the LACMTA’s Senior Executive Officer managing the Measure M Multi-Year Subregional Program concurs with such updated Expenditure Plan in writing, Attachment B shall be replaced with the new Attachment B setting forth the latest approved Expenditure Plan. Payments under this FA shall be consistent with Attachment B as revised from time to time. Any change to the final milestone date must be made by a fully executed amendment to this FA.

6. Attachment C is the “Scope of Work”. The GRANTEE shall complete the Project as described in the Scope of Work. This Scope of Work shall include a detailed description of the 5 FTIP #: N/A
Subregion ID: Las Virgenes/Malibu
Project ID#: MM4401.13
FA# 9200000000M440113
Rev: 05.16.2023 4 Measure M Funding Agreement – MSP
Project and the work to be completed, including anticipated Project milestones and a schedule consistent with the lapsing policy in Part II, Section 9, and a description of the Project limits, if the Project is a capital project. No later than December 31 of each year, GRANTEE shall notify LACMTA if there are any changes to the final milestone date set forth in the schedule or any changes to the Scope of Work. If LACMTA agrees to such changes, the parties shall memorialize such changes in an amendment to this FA. Work shall be delivered in accordance with the schedule and scope identified in this FA unless otherwise agreed to by the parties in writing in an amendment to this FA. If GRANTEE fails to meet milestones or fails to deliver the Project, LACMTA will have the option to suspend or terminate the FA for default as described in Part II, Sections 2, 9, 10 and 11 herein below. To the extent interim milestone dates are not met but GRANTEE believes and can show documentation acceptable to LACMTA supporting GRANTEE’s ability to make up the time so as to not impact the final milestone date, GRANTEE shall notify LACMTA of such changes in its Quarterly Progress/Expenditure Reports and such interim milestone dates will automatically be amended to the latest interim milestone dates provided in the Quarterly Progress/Expenditure Reports Attachment D-2. In no event can the final milestone date be amended by a Quarterly Progress/Expenditure Report.

7. No changes to this FA, including but not limited to the Funds, and any other source of funds from LACMTA in the Project Funding, Expenditure Plan or the Scope of Work shall be allowed without an amendment to the original FA, approved and signed by both parties.

8. Attachment D is the “Project Reporting & Expenditure Guidelines”. GRANTEE shall complete the “Quarterly Progress/Expenditure Report”. The Quarterly Progress/Expenditure Report is attached to this FA as Attachment D-2 in accordance with Attachment D – Project Reporting and Expenditure Guidelines.

9. LACMTA anticipates it may need to avail itself of lower cost bonds or other debt, the interest on which is tax exempt for federal tax purposes (collectively, the “Bonds") to provide at least a portion of its funding commitments under this Agreement to GRANTEE.

GRANTEE shall ensure that the expenditure of the Funds disbursed to GRANTEE does not jeopardize the tax-exemption of the interest, as specified in the Bond Requirements attached as Attachment E to this Agreement. GRANTEE agrees to provide LACMTA with progress reports, expenditure documentation, and any other documentation as reasonably requested by LACMTA and necessary for LACMTA to fulfill its responsibilities as the grantee or administrator or bond issuer of the Funds. With regard to LACMTA debt financing to provide any portion of the Funds, GRANTEE shall take all reasonable actions as may be requested of it by LACMTA's Project Manager for the Project, to assist LACMTA in demonstrating and maintaining over time, compliance with the relevant sections of the Federal Tax Code to maintain such Bonds’ tax status.

10. GRANTEE shall comply with the “Special Grant Conditions” attached as Attachment F, if any.

11. No changes to the (i) Grant amount, (ii) Project Funding, (iii) the Scope of Work (except as provided herein), (iv) Final milestone date or (v) Special Grant Conditions, shall be allowed without a written amendment to this FA, approved and signed by the LACMTA Chief Executive Officer or his/her designee and GRANTEE. Modifications that do not materially affect the 6 FTIP #: N/A
Subregion ID: Las Virgenes/Malibu
Project ID#: MM4401.13
FA# 9200000000M440113
Rev: 05.16.2023 5 Measure M Funding Agreement – MSP
terms of this FA, such as redistributing Funds among existing budget line items or nonmaterial schedule changes must be formally requested by GRANTEE and approved by LACMTA in writing. Non-material changes are those changes which do not affect the grant amount or its schedule, Project Funding, or the Scope of Work, including the Work schedule.

12. LACMTA's Address:

Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Attention: Annie Chou
LACMTA Project Manager
Mail Stop: 99-23-3
Phone: (213) 418-3453
Email: [email protected]

13. GRANTEE's Address:

City of Malibu
23825 Stuart Ranch Road
Malibu CA 90265
Nathaniel McLean
Assistant Civil Engineer
Phone: (310) 456-2489 ext. 301
Email: [email protected]

7 FTIP #: N/A
Subregion ID: Las Virgenes/Malibu
Project ID#: MM4401.13
FA# 9200000000M440113
Rev: 05.16.2023 6 Measure M Funding Agreement – MSP

PART II

GENERAL TERMS OF THE FA

1. TERM
The term of this FA shall commence on the Effective Date of this FA, and shall terminate upon the occurrence of all of the following, unless terminated earlier as provided herein: (i) the agreed upon Scope of Work has been completed; (ii) all LACMTA audit and reporting requirements have been satisfied; and (iii) the final disbursement of the Funds has been made to GRANTEE. All eligible Project expenses as defined in the Reporting and Expenditure Guidelines (Attachment D), incurred after the FA Effective Date shall be reimbursed in accordance with the terms and conditions of this FA unless otherwise agreed to by the parties in writing.

2. SUSPENSION OR TERMINATION
Should LACMTA determine there are insufficient Measure M Funds available for the Project, LACMTA may suspend or terminate this FA by giving written notice to GRANTEE at least thirty (30) days in advance of the effective date of such suspension or termination. If a Project is suspended or terminated pursuant to this section, LACMTA will not reimburse GRANTEE any costs incurred after that suspension or termination date, except those costs necessary to: (i) return any facilities modified by the Project construction to a safe and operable state; and (ii) suspend or terminate the construction contractor’s control over the Project. LACMTA’s share of these costs will be consistent with the established funding percentages outlined in this FA.

3. INVOICE BY GRANTEE
Unless otherwise stated in this FA, the Quarterly Progress/Expenditure Report, with supporting documentation of expenses, Project progress and other documents as required, which has been pre-approved by LACMTA, all as described in Part II, Section 6.1 of this FA, shall satisfy LACMTA invoicing requirements. Grantee shall only submit for payment the LACMTA pre-approved Quarterly Progress/Expenditure Report Packets to the LACMTA Project Manager at the email address shown in Part I and to LACMTA Accounts Payable Department as shown below.

Submit invoice with supporting documentation to:

[email protected] (preferable)
or
mail to:

Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, CA 90051-0296
All invoice material must contain the following information:

Re: LACMTA Project ID# MM4401.13 and FA# 9200000000M440113 Annie Chou; Mail Stop 99-23-3
8 FTIP #: N/A
Subregion ID: Las Virgenes/Malibu
Project ID#: MM4401.13
FA# 9200000000M440113
Rev: 05.16.2023 7 Measure M Funding Agreement – MSP

4. USE OF FUNDS

4.1 GRANTEE shall utilize the Funds to complete the Project as described in the Scope of Work and in accordance with the Reporting and Expenditure Guidelines, the specifications for use for the transportation purposes described in the Ordinance, the Guidelines and the Multi-Year Subregional Programs Administrative Procedures.

4.2 Attachment C shall constitute the agreed upon Scope of Work between LACMTA and GRANTEE for the Project. The Funds, as granted under this FA, can only be used towards the completion of the Scope of Work detailed in Attachment C.

4.3 GRANTEE shall not use the Funds to substitute for any other funds or projects not specified in this FA. Further, GRANTEE shall not use the Funds for any expenses or activities above and beyond the approved Scope of Work (Attachment C) without an amendment to the FA approved and signed by the LACMTA Chief Executive Officer or his Designee. To the extent LACMTA provides GRANTEE with bond or commercial paper proceeds, such Funds may not be used to reimburse for any costs that jeopardize the tax exempt nature of such financings as reasonably determined by LACMTA and its bond counsel.

4.4 GRANTEE must use the Funds in the most cost-effective manner. If GRANTEE intends to use a consultant or contractor to implement all or part of the Project, LACMTA requires that such activities be procured in accordance with GRANTEE’s contracting procedures and consistent with State law as appropriate. GRANTEE will also use the Funds in the most cost-effective manner when the Funds are used to pay “in-house” staff time. This effective use of funds provision will be verified by LACMTA through ongoing Project monitoring and through any LACMTA interim and final audits.

4.5 GRANTEE’S employee, officers, councilmembers, board member, agents, or consultants (a “GRANTEE Party”) are prohibited from participating in the selection, award, or administration of a third-party contract or sub-agreement supported by the Funds if a real or apparent conflict of interest would be involved. A conflict of interest would include, without limitation, an organizational conflict of interest or when any of the following parties has a financial or other interest in any entity selected for award: (a) a GRANTEE Party (b) any member of a GRANTEE Party’s immediate family, (c) a partner of a GRANTEE Party; (d) any organization that employs or intends to employ any of the above. This conflict of interest provision will be verified by LACMTA through on-going Project monitoring and through any LACMTA interim and final audits.

4.6 If a facility, equipment (such as computer hardware or software), vehicle or property, purchased or leased using the Funds, ceases to be used for the proper use as originally stated in the Scope of Work, or the Project is discontinued, any Funds expended for that purpose must be returned to LACMTA as follows: GRANTEE shall be required to repay the Funds in proportion to the useful life remaining and in an equal proportion of the grant to GRANTEE Funding Commitment ratio.

4.7 If the Project requires the implementation of an Intelligent Transportation Systems (“ITS”) project, GRANTEE shall ensure the Project is consistent with 9 FTIP #: N/A
Subregion ID: Las Virgenes/Malibu
Project ID#: MM4401.13
FA# 9200000000M440113
Rev: 05.16.2023 8 Measure M Funding Agreement – MSP
the Regional ITS Architecture. Attachment F, the Los Angeles County Regional ITS Architecture (CONNECT-IT) Consistency Self-Certification Form, must be completed and signed for planned ITS projects and/or ITS projects that use local, state, or federal funds programmed or administered through LACMTA. Refer to www.laconnect-it.com to find information about the CONNECT-IT Service Packages.

4.8 If any parking facilities are designed and/or constructed using the Funds, GRANTEE shall coordinate with LACMTA parking program staff (see www.metro.net for staff listing) in the planning, design and management of the facility and shall ensure that its implementation is consistent with the LACMTA adopted parking policy.

For the parking policy, see
http://media.metro.net/projects_studies/call_projects/images/09%20Appendix%20D%20Pa rking%20Policy.pdf

5. REIMBURSEMENT OF FUNDS
Funds will be released on a reimbursement basis in accordance with invoices submitted in support of the Quarterly Progress/Expenditure Reports. LACMTA will make all disbursements electronically unless an exception is requested in writing. Reimbursements via Automated Clearing House (ACH) will be made at no cost to GRANTEE. GRANTEE must register in LACMTA’s iSupplier portal and submit an application before grant payments can be made.

The link to the portal can be found at http://media.metro.net/uploads/EBB/Vendor Portal Registration.pdf. GRANTEE must provide detailed supporting documentation with its Quarterly Progress/Expenditure Reports. GRANTEE Funding Commitment, if any, must be spent in direct proportion to the Funds with each quarter’s payment.

6. REPORTING AND AUDIT REQUIREMENTS/PAYMENT ADJUSTMENTS

6.1 GRANTEE shall submit the draft of Quarterly Progress/Expenditure Report (Attachment D-2) within sixty (60) days after the close of each quarter on the last day of the months November, February, May and August to the LACMTA Project Manager for review and pre-approval of the applicable report. LACMTA Project Manager shall review and respond in writing to the draft Quarterly Progress/Expenditure Report within thirty (30) calendar days from receipt. Grantee shall submit the LACMTA pre-approved Quarterly Progress/Expenditure Report no later than five (5) days after receipt of LACMTA’s written approval. Should GRANTEE fail to submit either the draft or pre-approved reports within five (5) days of the due date and/or submit incomplete reports, LACMTA will not reimburse GRANTEE until the completed required reports are received, reviewed, and approved. The Quarterly Progress/Expenditure Reports shall include all appropriate documentation (such as contractor invoices, timesheets, receipts, etc.), and any changes to interim milestone dates that do not impact the final milestone date. All supporting documents must include a clear justification and explanation of their relevance to the Project. If no activity has occurred during a particular quarter, GRANTEE will still be required to submit the Quarterly Progress/Expenditure Reports indicating no dollars were expended that quarter. If a request for reimbursement exceeds $500,000 in a single month, then GRANTEE can submit such an invoice once per month with supporting documentation. Expenses that are not invoiced to LACMTA Accounts Payable 10 FTIP #: N/A
Subregion ID: Las Virgenes/Malibu
Project ID#: MM4401.13
FA# 9200000000M440113
Rev: 05.16.2023 9 Measure M Funding Agreement – MSP
within ninety (90) days after the lapsing date specified in Part II, Section 9.1 below are not eligible for reimbursement.

6.2 GRANTEE shall submit the Project expenditure estimates for the subsequent fiscal year by February of each year. LACMTA will use the estimates to determine the Project budget for the upcoming fiscal year.

6.3 LACMTA, and/or its designee, shall have the right to conduct audits of the Project as deemed appropriate, such as financial and compliance audits, interim audits, preaward audits, performance audits and final audits. LACMTA will commence a final audit within six (6) months of receipt of acceptable final invoice, provided the Project is ready for final audit (meaning all costs and charges have been paid by GRANTEE and invoiced to LACMTA, and such costs, charges and invoices are properly documented and summarized in the accounting records to enable an audit without further explanation or summarization including actual indirect rates for the period covered by the FA period under review).

GRANTEE agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). GRANTEE shall reimburse LACMTA for any expenditure not in compliance with the Scope of Work and/or not in compliance with other terms and conditions of this FA. The allowability of costs for GRANTEE’s own expenditures submitted to LACMTA for this Project shall be in compliance with Office of Management and Budget (OMB) Circular A-87. The allowability of costs for GRANTEE’s contractors, consultants and suppliers expenditures submitted to LACMTA through GRANTEE’s Quarterly Progress/Expenditures shall be in compliance with OMB Circular A-87 or Federal Acquisition Regulation (FAR) Subpart 31 and 2 CFR Subtitle A, Chapter II, Part 225 (whichever is applicable). Findings of the LACMTA audit are final. When LACMTA audit findings require GRANTEE to return monies to LACMTA, GRANTEE agrees to return the monies within thirty (30) days after the final audit is sent to GRANTEE.

6.4 GRANTEE’s records shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files (including documentation covering negotiated settlements), invoices, and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the Project (all collectively referred to as “records”). Such records shall be open to inspection and subject to audit and reproduction by LACMTA auditors or authorized representatives to the extent deemed necessary by LACMTA to adequately permit evaluation of expended costs. Such records subject to audit shall also include, without limitation, those records deemed necessary by LACMTA to evaluate and verify, direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project.

These records must be retained by GRANTEE for three years following final payment under this Agreement. Payment of retention amounts shall not occur until after the LACMTA’s final audit is completed.

6.5 GRANTEE shall cause all contractors to comply with the requirements of Part II, Section 6, paragraphs 6.3 and 6.4 above. GRANTEE shall cause all contractors to cooperate fully in furnishing or in making available to LACMTA all records deemed necessary by LACMTA auditors or authorized representatives related to the Project. 11 FTIP #: N/A
Subregion ID: Las Virgenes/Malibu
Project ID#: MM4401.13
FA# 9200000000M440113
Rev: 05.16.2023 10 Measure M Funding Agreement – MSP

6.6 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall be afforded access to all GRANTEE’s records and its contractors related to the Project, and shall be allowed to interview any employee of GRANTEE and its contractors through final payment to the extent reasonably practicable.

6.7 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall have access to the offices of GRANTEE and its contractors, shall have access to all necessary records, including reproduction, at no charge to LACMTA, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the terms and conditions of this FA.

6.8 When business travel associated with the Project requires use of a vehicle, the mileage incurred shall be reimbursed at the mileage rates set by the Internal Revenue Service (IRS), as indicated in the United States General Services Administration Federal Travel Regulation, Privately Owned Vehicle Reimbursement Rates.

6.9 GRANTEE shall be responsible for ensuring all contractors/ subcontractors for the Project comply with the terms of the Ordinance, the Guidelines and the Multi-Year Subregional Programs Administrative Procedures. GRANTEE shall cooperate with LACMTA Management Audit Services Department such that LACMTA can meet its obligations under the Ordinance, the Guidelines and the Multi-Year Subregional Programs Administrative Procedures.

6.10 GRANTEE shall certify each invoice by reviewing all subcontractor costs and maintaining internal control to ensure that all expenditures are allocable, allowable and reasonable and in accordance with OMB A-87 or FAR subpart 31 and 2 CFR Subtitle A, Chapter II, part 225, (whichever is applicable) and the terms and conditions of this FA.

6.11 GRANTEE shall also certify final costs of the Project to ensure all costs are in compliance with OMB A-87 or FAR subpart 31 and 2 CFR Subtitle A, Chapter II, part 225, (whichever is applicable) and the terms and conditions of this FA.

6.12 In addition to LACMTA’s other remedies as provided in this FA, LACMTA may withhold the Funds if the LACMTA audit has determined that GRANTEE failed to comply with the Scope of Work (such as misusing Funds or failure to return Funds owed to LACMTA in accordance with LACMTA audit findings) and /or is severely out of compliance with other terms and conditions as defined by this FA, including the access to records provisions of Part II, Section 6.

7. GRANT
This is a one-time only grant of the Measure M Funds subject to the terms and conditions agreed to herein. This grant does not imply nor obligate any future funding commitment on the part of LACMTA.

8. SOURCES AND DISPOSITION OF FUNDS
12 FTIP #: N/A
Subregion ID: Las Virgenes/Malibu
Project ID#: MM4401.13
FA# 9200000000M440113
Rev: 05.16.2023 11 Measure M Funding Agreement – MSP

8.1 The obligation for LACMTA to grant the Funds for the Project is subject to sufficient Funds being made available for the Project by the LACMTA Board of Directors. If such Funds are not made available as anticipated from Measure M Program revenues, LACMTA will have the right to adjust the cash flow accordingly until such funds become available. LACMTA shall have no obligation to provide any other funds for the Project, unless otherwise agreed to in writing by LACMTA.

8.2 GRANTEE shall fully fund and contribute the GRANTEE Funding Commitment, if any is identified in the Project Funding (Attachment A), towards the cost of the Project. If the Funds identified in Attachment A are insufficient to complete the Project, GRANTEE agrees to secure and provide such additional non-LACMTA programmed funds necessary to complete the Project.

8.3 GRANTEE shall be responsible for any and all cost overruns for the Project pursuant to Section 8.2.

8.4 GRANTEE shall be eligible for the Funds up to the grant amount specified in Part I, Section 2 of this FA subject to the terms and conditions contained herein.

Any Funds expended by GRANTEE prior to the Effective Date of this FA shall not be reimbursed nor shall they be credited toward the GRANTEE Funding Commitment requirement, without the prior written consent of LACMTA. GRANTEE Funding Commitment dollars expended prior to the year the Funds are awarded shall be spent at GRANTEE’s own risk, or as delineated in a Letter of No Prejudice executed by the prospective GRANTEE and LACMTA.

8.5 If GRANTEE receives outside funding for the Project in addition to the Funds identified in the Project Funding and the Expenditure Plan at the time this grant was awarded, this FA shall be amended to reflect such additional funding. If, at the time of final invoice or voucher, funding for the Project (including the Funds, GRANTEE Funding Commitment, and any additional funding) exceeds the actual Project costs, then the cost savings shall be applied in the same proportion as the sources of funds from each party to this FA as specified in the Project Funding and both the Funds and GRANTEE Funding Commitment required for the Project shall be reduced accordingly. LACMTA shall have the right to use any cost savings associated with the Funds at its sole discretion, including, without limitation, programming the unused Funds to another project or to another grantee within the subregion in accordance with the Ordinance, the Guidelines and the Multi-Year Subregional Programs Administrative Procedures. If, at the time of final voucher, it is determined that GRANTEE has received Funds in excess of what GRANTEE should have received for the Project, GRANTEE shall return such overage to LACMTA within 30 days from final voucher.

9. TIMELY USE OF FUNDS / REPROGRAMMING OF FUNDS

9.1 GRANTEE must demonstrate timely use of the Funds by:
(i) Executing this FA within ninety (90) days of receiving formal transmittal of the FA from LACMTA, or by December 31 of the 13 FTIP #: N/A
Subregion ID: Las Virgenes/Malibu
Project ID#: MM4401.13
FA# 9200000000M440113
Rev: 05.16.2023 12 Measure M Funding Agreement – MSP
first Fiscal Year in which the Funds are programmed, whichever date is later; and
(ii) Beginning Project Design, Preliminary Engineering-(PE) within six (6) months from completion of environmental clearance, if appropriate.
(iii) Executing Contracts for Construction or Capital purchase within twelve (12) months from the date of completion of design; and (iv) Delivering Work in accordance with schedule; changes to the schedule will require an Amendment to Attachment C to reflect updated milestone dates. Meeting the Project milestone due dates as agreed upon by the LACMTA and GRANTEE in
Attachment C of this FA; and
(v) Submitting the Quarterly Progress/Expenditure Reports as described in Part II, Section 6.1 of this FA; and
(vi) Expending the Funds granted under this FA for allowable costs within three years or 36 months from July 1 of the Fiscal Year in which the Funds are programmed, unless otherwise stated in this FA. All Funds programmed for FY 2023-24 are subject to lapse by June 30, 2026. All Funds programmed for FY 2024-25 are subject to lapse by June 30, 2027. All Funds programmed for FY 2025-26 are subject to lapse by June 30, 2028.

9.2 In the event that the timely use of the Funds is not demonstrated as described in Part II, Section 9.1 of this FA, the Project will be reevaluated by LACMTA as part of its Annual Update process and the Funds may be reprogrammed to another project by the LACMTA Board of Directors in accordance with the Ordinance, the Guidelines and the MultiYear Subregional Programs Administrative Procedures. In the event that all the Funds are reprogrammed, this FA shall automatically terminate.

10. DEFAULT
A Default under this FA is defined as any one or more of the following: (i) GRANTEE fails to comply with the terms and conditions contained herein; and/or (ii) GRANTEE fails to perform satisfactorily or make material changes, as determined by LACMTA at its sole discretion, to the Expenditure Plan, the Scope of Work, or the Project Funding without LACMTA’s prior written consent or approval as provided herein.

11. REMEDIES

11.1 In the event of a Default by GRANTEE, LACMTA shall provide written notice of such Default to GRANTEE with a 30-day period to cure the Default. In the event GRANTEE fails to cure the Default, or commit to cure the Default and commence the same within such 30-day period to the satisfaction of LACMTA, LACMTA shall have the following remedies: (i) LACMTA may terminate this FA; (ii) LACMTA may make no further disbursements of Funds to GRANTEE; and/or (iii) LACMTA may recover from GRANTEE any Funds disbursed to GRANTEE as allowed by law or in equity. 14 FTIP #: N/A
Subregion ID: Las Virgenes/Malibu
Project ID#: MM4401.13
FA# 9200000000M440113
Rev: 05.16.2023 13 Measure M Funding Agreement – MSP

11.2 Effective upon receipt of written notice of termination from LACMTA, GRANTEE shall not undertake any new work or obligation with respect to this FA unless so directed by LACMTA in writing. Any Funds expended after termination shall be the sole responsibility of GRANTEE.

11.3 The remedies described herein are non-exclusive. LACMTA shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity.

12. COMMUNICATIONS

12.1 GRANTEE shall ensure that all Communication Materials contain recognition of LACMTA’s contribution to the Project as more particularly set forth in “Funding Recipient Communications Guidelines” available online at http://metro.net/partners-civic. The Funding Recipient Communications Guidelines may be changed from time to time during the course of this Agreement. GRANTEE shall be responsible for complying with the latest Funding Recipient Communications Guidelines during the term of this Agreement, unless otherwise specifically authorized in writing by the LACMTA Chief Communications Officer.

12.2 For purposes of this Agreement, “Communications Materials” include, but are not limited to, press events, public and external newsletters, printed materials, advertising, websites radio and public service announcements, electronic media, and construction site signage. A more detailed definition of “Communications Materials” is found in the Funding Recipient Communications Guidelines.

12.3 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. The preferred logo lock-up for Funding Recipients to use is included in the Funding Recipient Communications Guidelines.

12.4 GRANTEE shall ensure that any subcontractor, including, but not limited to, public relations, public affairs, and/or marketing firms hired to produce Project Communications Materials for public and external purposes will comply with the requirements contained in this Section.

12.5 The LACMTA Project Manager shall be responsible for monitoring GRANTEE’s compliance with the terms and conditions of this Section. GRANTEE’s failure to comply with the terms of this Section shall be deemed a default hereunder and LACMTA shall have all rights and remedies set forth herein.
15 FTIP #: N/A
Subregion ID: Las Virgenes/Malibu
Project ID#: MM4401.13
FA# 9200000000M440113
Rev: 05.16.2023 14 Measure M Funding Agreement – MSP

13. OTHER TERMS AND CONDITIONS

13.1 This FA, along with its Attachments, constitutes the entire understanding between the parties, with respect to the subject matter herein. The FA shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original FA or the same level of authority. Adoption of revisions or supplements to the Guidelines shall cause such revisions or supplements to become incorporated automatically into this Agreement as though fully set forth herein.

13.2 GRANTEE is obligated to continue using the Project dedicated to the public transportation purposes for which the Project was initially approved. The Project rightof-way, the Project facilities constructed or reconstructed on the Project site, and/or Project property purchased, excluding construction easements and excess property (whose proportionate proceeds shall be distributed in an equal proportion of the grant to GRANTEE Funding Commitment ratio), shall remain dedicated to public transportation use in the same proportion and scope and to the same extent as described in this FA. Equipment acquired as part of the Project, including office equipment, vehicles, shall be dedicated to that use for their full economic life cycle, including any extensions of that life cycle achieved by reconstruction, rehabilitation, or enhancements.

13.3 In the event that there is any legal court (e.g., Superior Court of the State of California, County of Los Angeles, or the U.S. District Court for the Central District of California) proceeding between the parties to enforce or interpret this FA, to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney’s fees.

13.4 Neither LACMTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by GRANTEE under or in connection with any work performed by and or service provided by GRANTEE, its officers, agents, employees, contractors and subcontractors under this FA. GRANTEE shall fully indemnify, defend and hold LACMTA and its subsidiaries, and its officers, agents and employees harmless from and against any liability and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of risk of property, any environmental obligation, any legal fees and any claims for damages of any nature whatsoever arising out of the Project, including without limitation: (i) use of the Funds by GRANTEE, or its officers, agents, employees, contractors or subcontractors; (ii) breach of GRANTEE’s obligations under this FA; or (iii) any act or omission of GRANTEE, or its officers, agents, employees, contractors or subcontractors in the performance of the work or the provision of the services, in connection with the Project including, without limitation, the Scope of Work, described in this FA.

13.5 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected party. Each party hereto 16 FTIP #: N/A
Subregion ID: Las Virgenes/Malibu
Project ID#: MM4401.13
FA# 9200000000M440113
Rev: 05.16.2023 15 Measure M Funding Agreement – MSP
shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this FA.

13.6 GRANTEE shall comply with and ensure that work performed under this FA is done in compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and procedural requirements including Federal Acquisition Regulations (FAR), and the applicable requirements and regulations of LACMTA. GRANTEE acknowledges responsibility for obtaining copies of and complying with the terms of the most recent federal, state, or local laws and regulations, and LACMTA requirements including any amendments thereto.

13.7 GRANTEE agrees that the applicable requirements of this FA shall be included in every contract entered into by GRANTEE or its contractors relating to work performed under this FA and LACMTA shall have the right to review and audit such contracts.

13.8 GRANTEE shall not assign this FA, or any part thereof, without prior approval of the LACMTA Chief Executive Officer or his designee. Any assignment by GRANTEE without said prior consent by LACMTA shall be void and unenforceable.

13.9 This FA shall be governed by California law. If any provision of this FA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

13.10 The covenants and agreements of this FA shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns.

13.11 GRANTEE will advise LACMTA prior to any key Project staffing changes. Notice will be given to the parties at the address specified in Part I, unless otherwise notified in writing of change of address or contact person.

13.12 GRANTEE, in the performance of the work described in this FA, is not a contractor nor an agent or employee of LACMTA. GRANTEE attests to no organizational or personal conflicts of interest and agrees to notify LACMTA immediately in the event that a conflict, or the appearance thereof, arises. GRANTEE shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise.
17 SOURCES OF FUNDS Prior Years FY2021-22 FY2022-23 FY2023-24 FY2024-25 FY2025-26 Total Budget
% of Budget

LACMTA PROGRAMMED FUNDING
MEASURE M MSP FUNDS $ 400,000 $ 600,000 $ 1,250,000 $ 2,250,000 SUM PROG LACMTA FUNDS $ - $ - $ - $ 400,000 $ 600,000 $ 1,250,000 $ 2,250,000 100% OTHER NON LACMTA FUNDING:

LOCAL: $ - 0%
STATE: $ - 0%
FEDERAL: $ - 0%
PRIVATE OR OTHER: $ - 0%
SUM NON-LACMTA FUNDS $ - $ - $ - $ - $ - $ - $ - 0
TOTAL PROJECT FUNDS $ - $ - $ - $ 400, 000 $ 600, 000 $ 1, 250,000 $ 2, 250,000 100%

ATTACHMENT A -PROJECT FUNDING
Measure M MSP - Active Transportation/Transit/Tech Program (Line 56) - Funding Agreement Projects - FA#: 9200000000M440113 Project Title: Pedestrian Undercrossing at Malibu Seafood Project ID#: MM4401.13

PROGRAMMED BUDGET - SOURCES OF FUNDS

03.01.19 Measure M Funding Agreement - MSP
Attachment A - Project Funding
18 SOURCES OF FUNDS FY 2023-24
Qtr 3
FY 2023-24
Qtr 4
FY 2024-25
Qtr 1
FY 2024-25
Qtr 2
FY 2024-25
Qtr 3
FY 2024-25
Qtr 4
FY 2025-26
Qtr 1
FY 2025-26
Qtr 2
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE M MSP FUNDS:

Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $50,000 $175,000 $250,000 $250,000 $175,000 $75,000 $25,000 $1,000,000 Right-of-Way Acquisition $0
Construction $75,000 $75,000
Vehicle Purchase $0
Others $0
Total Measure M $50,000 $175,000 $250,000 $250,000 $175,000 $75,000 $25,000 $75,000 $1,075,000 SUM PROG LACMTA FUNDS: $50,000 $175,000 $250,000 $250,000 $175,000 $75,000 $25,000 $75,000 $1,075,000 SUM NON-LACMTA FUNDS : $0 $0 $0 $0 $0 $0 $0 $0 $0

PROJECT FUNDING
FY2023-24 and FY2024-25 $50,000 $175,000 $250,000 $250,000 $175,000 $75,000 $25,000 $75,000 $1,075,000 SOURCES OF FUNDS FY 2025-26
Qtr 3
FY 2025-26
Qtr 4
FY 2026-27
Qtr 1
FY 2026-27
Qtr 2
FY 2026-27
Qtr 3
FY 2026-27
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE M MSP FUNDS:

Planning Activities/Prog Dev $0
Environmental $0
Design and PS&E $0
Right-of-Way Acquisition $0
Construction $175,000 $175,000 $200,000 $250,000 $225,000 $150,000 $1,175,000 Vehicle Purchase $0
Others $0
Total Measure M $175,000 $175,000 $200,000 $250,000 $225,000 $150,000 $0 $0 $1,175,000 SUM PROG LACMTA FUNDS: $175,000 $175,000 $200,000 $250,000 $225,000 $150,000 $0 $0 $1,175,000 SUM NON-LACMTA FUNDS : $0 $0 $0 $0 $0 $0 $0 $0 $0

PROJECT FUNDING
FY2025-26 and FY2026-27 $175,000 $175,000 $200,000 $250,000 $225,000 $150,000 $0 $0 $1,175,000

PROJECT FUNDING
TOTAL LACMTA FUNDS $225,000 $350,000 $450,000 $500,000 $400,000 $225,000 $25,000 $75,000 $2,250,000 TOTAL NON-LACMTA FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0
TOTAL PROJECT FUNDING $225,000 $350,000 $450,000 $500,000 $400,000 $225,000 $25,000 $75,000 $2,250,000

ATTACHMENT B - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure M MSP - Active Transportation/Transit/Tech Program - Funding Agreement Projects - FA# 9200000000M440113 Project Title: PEDESTRIAN UNDERCROSSING AT MALIBU SEAFOOD Project#:MM4401.13

PROGRAMMED SOURCES OF FUNDS

09.10.19 1 of 1
Measure M Funding Agreement - MSP
Attachment B - Expenditure Plan
19 ATTACHMENT C

SCOPE OF WORK
(CAPITAL PROJECTS)
PROJECT TITLE: PEDESTRIAN UNDERCROSSING AT MALIBU SEAFOOD PROJECT LOCATION/LIMITS/AREA:

The project is located in the City of Malibu near Malibu Seafood, 25653 Pacific Coast Highway. The project limits span across Pacific Coast Highway at Corral Beach to the Sara Wan trailhead.

PROJECT DESCRIPTION INCLUDING MULTI-YEAR SUBREGIONAL PROGRAM AND PROJECT NEXUS:

This project consists of constructing a new pedestrian undercrossing (approximately 100 feet) that would connect Corral Beach, across from Malibu Seafood to the Sara Wan trailhead located next to Malibu Seafood. This project also seeks to accommodate ADA access, and includes the construction of lighting within the pedestrian undercrossing to improve visibility.

PROJECT FUNDING:

PHASE
LACMTA –

MEASURE M FUNDS

LOCAL AGENCY
(IF ANY) TOTAL
Design $1,000,000 $1,000,000
Construction $1,250,000 $1,250,000
TOTAL BUDGET COST $2,250,000 - $2,250,000
ESTIMATED PROJECT COSTS:

Item Description Estimated Cost
Design $1,000,000
Construction $1,250,000
Total $2,250,000
PROJECT SCHEDULE:

Milestones Begin End Duration
(months)
Preliminary Design January 2024 April 2025 14
Final Design April 2025 September 2025 6
Environmental Analysis and Permitting July 2024 September 2025 14 Public Bid for Construction September 2025 November 2025 2 Award Construction Contract November 2025 January 2026 2 Construction February 2026 January 2027 11
Close out January 2027 June 2027 6
20 PROJECT MAP:
21 22
23 Invoice #
QUARTERLY PROGRESS/EXPENDITURE REPORT Invoice Date
FA#
Quarterly Report #

GRANTEES ARE REQUESTED TO EMAIL THIS REPORT TO
[email protected]
or submit by mail to:

Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, California 90051-0296
Please note that letters or other forms
of documentation may not be substituted for this form. Refer to the Reporting and Expenditure Guidelines (Attachment D) for further information.

Balance Remaining
% of Project Budget Expended to
Date
Grantee To Complete
LACMTA FA MEASURE M ATTACHMENT D-2
SECTION 1: QUARTERLY EXPENSE REPORT
Total Project Budget
-
$ 2,250,000.00
Project-to-Date Expenditure
Funds Expended to Date (Include
this Quarter)
Please itemize grant-related charges for this Quarter on Page 5 of this report and include totals in this Section.

Retention Amount (5%)
This Quarter Expenditure
Project Quarter Expenditure
Net Invoice Amount (Less
Retention)
LACMTA Measure M MSP Grant $
9200000000M440113

12.06.19 1
Measure M Funding Agreement - MSP
Attachment D-2 Quarterly Progress/Expenditure Report
24 PROJECT TITLE:

QUARTERLY REPORT SUBMITTED FOR:

Fiscal Year : 2018-19 2019-20 2020-21
2021-22 2022-23 2023-24
Quarter : Q1: Jul - Sep Q2: Oct - Dec
Q3: Jan - Mar Q4: Apr - Jun
DATE SUBMITTED:

Measure M Multi-Year Subregional Program Type:

Phone Number:

E-mail:

Engineer

ANNIE CHOU
9200000000M440113

PEDESTRIAN UNDERCORSSING AT MALIBU SEAFOOD
SECTION 2: GENERAL INFORMATION
Contact Name: Nathaniel McLean
213.418.3543
Job Title:

Name:

FA #:

LACMTA Project Manager
Public Works Department
E-mail: [email protected]
Grantee Contact / Project
Manager
Phone Number:

Mailing Address:

City / Agency: CITY OF MALIBU
(310) 456-2489 ext. 352
23825 Stuart Ranch Road | Malibu, CA 90265
Department:

[email protected]

12.06.19 2
Measure M Funding Agreement - MSP
Attachment D-2 Quarterly Progress/Expenditure Report
25 Start Date End Date
Ground Breaking Event
On schedule per original FA schedule Less than 12 months behind original schedule Between 12-24 months behind original schedule More than 24 months behind original schedule Yes No Not Applicable
Yes No Not Applicable
B. Was the project design started within 6 months of the date originally stated in the FA? C. Was a construction contract or capital purchase executed within 9 months after completion of design / specifications?

2. PROJECT COMPLETION
Total Project Duration (Months)
Ribbon Cutting Event
A. Based on the comparison of the original and actual project milestone schedules above, project is (select only one) :

Start Date
Construction
Design
FA Milestones
SECTION 3 : QUARTERLY PROGRESS REPORT
End Date

1. DELIVERABLES & MILESTONES
Original FA Schedule in Scope of Work
List all deliverables and milestones as stated in the FA, with start and end dates. Calculate the total project duration. DO NOT CHANGE THE ORIGINAL FA MILESTONE START AND END DATES SHOWN IN THE 2 ND AND 3 RD COLUMNS BELOW.

Grantees must make every effort to accurately portray milestone dates in the original FA Scope of Work, since this will provide the basis for calculating any project delay. If milestone start and/or end dates change from those stated in the Original FA Scope of Work, indicate the new dates under Actual Schedule below and recalculate the project duration. However, this does not change the original milestones in your FA. PER YOUR FA AGREEMENT, ANY CHANGES TO THE PROJECT SCHEDULE MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO LACMTA FOR WRITTEN CONCURRENCE.

Right-of-Way Acquisition
Actual Schedule
Environmental
Others
Vehicle Purchase

12.06.19 3
Measure M Funding Agreement - MSP
Attachment D-2 Quarterly Progress/Expenditure Report
26 3. TASKS / MILESTONES ACCOMPLISHED
If the project is delayed (as described in #4), include action items that have been, or will be, undertaken to resolve the delay.

6. UPCOMING QUARTERLY TASKS / MILESTONES
List tasks or milestones expected to be accomplished next quarter.

7. PLAN EXPENDITURES
List tasks or milestones accomplished and progress made this quarter.

4. PROJECT DELAY
If project is delayed, describe reasons for delay (this quarter). Pay particular attention to schedule delays. If delay is for the same reason as mentioned in previous quarters, please indicate by writing "Same as Previous Quarter".

5. ACTION ITEMS TO RESOLVE DELAY

12.06.19 4
Measure M Funding Agreement - MSP
Attachment D-2 Quarterly Progress/Expenditure Report
27 Provide expected expenditures (estimated) for next quarter.

12.06.19 5
Measure M Funding Agreement - MSP
Attachment D-2 Quarterly Progress/Expenditure Report
28 1
2 3
4 5
6 7
8 9
10 11
12 13
Invoice Payment Information:

Signature Date
Name Title
and that to the best of my knowledge and belief the information I certify that I am the responsible Project Manager or fiscal officer and representative of SECTION 4. ITEMIZED LISTING OF EXPENSES AND CHARGES THIS QUARTER INVOICE #
All expenses and charges must be itemized and listed below. Each item listed must be verifiable by an invoice and/or other proper documentation.

The total amounts shown here must be equal to this quarter’s expenditures listed on page 1 of this report. All expenses and charges must be reflective of the approved budget and rates as shown in the FA Attachment B, Scope of Work. Use additional pages if needed.

ITEM
$ -
LACMTA will make all disbursements electronically unless an exception is requested in writing. Reimbursements via Automated Clearing House (ACH) will be made at no cost to GRANTEE. GRANTEE must register in LACMTA's iSupplier portal and submit an application before grant payments can be made. The link to the portal can be found at http://media.metro.net/uploads/EBB/Vendor Portal Registration.pdf.

Written exception requests for Check Payments should be completed and emailed to Accounts Payable at [email protected].

TOTAL EXPENSES CHARGED TO LACMTA MEASURE

M GRANT
Invoice
Reference
Pg(s)
stated in this report is true and correct.

All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Invoice Number column of the Itemized Listing (above).

Note:

TOTAL

12.06.19 6
Measure M Funding Agreement - MSP
Attachment D-2 Quarterly Progress/Expenditure Report
29 ATTACHMENT E

BOND REQUIREMENTS
The provisions of this Attachment E apply only if and to the extent some or all of the Funds are derived from LACMTA issued Bonds or other debt, the interest on which is tax exempt for federal tax purposes (collectively, the "Bonds").

GRANTEE acknowledges that some or all of the Funds may be derived from Bonds, the interest on which is tax-exempt for federal tax purposes. GRANTEE further acknowledges its understanding that the proceeds of the Bonds are subject to certain ongoing limitations relating to the use of the assets financed or provided with such proceeds ("Project Costs" or "Project Components") in the trade or business of any person or entity other than a governmental organization (any such use by a person or entity other than a governmental organization is referred to as "Private Use"). Private Use will include any sale, lease or other arrangement pursuant to which a nongovernmental person or entity receives a legal entitlement of a Project Component and also includes certain agreements pursuant to which a nongovernmental person will operate or manage a Project Component. Each quarterly invoice submitted by GRANTEE to reimburse prior expenditures (or to be received as an advance) shall provide information regarding the specific Project Costs or Project Components to which the Funds which pay that invoice will be allocated and whether there is or might be any Private Use associated with such Project Costs or Project Components.

GRANTEE will, for the entire time over which LACMTA's Bonds or other debt remains outstanding, (1) notify and receive LACMTA' s approval prior to entering into any arrangement which will or might result in Private Use and (2) maintain records, including obtaining records from contractors and subcontractors as necessary, of all allocations of Funds to Project Costs or Project Components and any Private Use of such Project Costs or Project Components in sufficient detail to comply and establish compliance with Section 141 of the Internal Revenue Code of 1986, as amended (the "Code"), or similar code provision then in effect and applicable, as determined by LACMTA in consultation with its bond counsel.

GRANTEE will designate one or more persons that will be responsible for compliance with the obligations described in this Attachment E and notify LACMTA of such designations. 30

Agenda Item # 3.B.8.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Brandie Ayala, Administrative Analyst
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: January 23, 2024 Meeting date: February 26, 2024 Subject: Memorandum of Understanding with Los Angeles County Flood Control District
RECOMMENDED ACTION: Authorize the Mayor to execute a Memorandum of Understanding with Los Angeles County Flood Control District (LACFCD) in the amount of $500,000 for the Civic Center Water Treatment Facility – Phase 2.

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

STRATEGIC PRIORITY: This item supports the Civic Center Water Treatment Facility – Phase 2 priority identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: The State of California Department of Water Resources (DWR) created the IRWM Program to encourage integrated, regional strategies for managing water resources and providing funding for both planning and implementation of projects. The DWR recognizes the Greater Los Angeles County (GLAC) as an official region. The City is currently a member of the North Santa Monica Bay sub-region of the GLAC.

The GLAC IRWM Management Group prepared the 2017 Updated Greater Los Angeles County IRWM Plan (Plan), which will help with planning and implementation of regional projects and programs across jurisdictional boundaries that address water resource management issues, including recycled water, stormwater capture, water use efficiency, and many others. This Plan has a greater emphasis on drought response, low impact development, carbon management and sustainable communities, all of which are very important to Malibu. The GLAC IRWM also administers grants and funds for projects that meet their goals.

City Council Meeting
02-26-24
Item

3.B.8.
1

Agenda Item # 3.B.8.

Staff identified a potential grant from DWR, Round 2 IRWM Implementation grant for CCWTF- Phase 2. On September 12, 2022, City Council authorized staff to submit the grant application. Staff followed Council’s direction and submitted the CCWTF – Phase 2 project to the Los Angeles County IRWM Leadership Committee in October 2022 as part of the grant submittal process. The Committee reviewed the project and recommended the City’s CCWTF Phase 2 and 16 other projects be forwarded to DWR for final application.

In May 2023, the Los Angeles County Flood Control District (LACFCD), who manages the Los Angeles County IRWM, informed the City that the CCCWTF Phase 2 project, along with 16 other submitted projects, had received approval for funding amounting to $500,000. The Department of Water Resources (DWR) is tasked with disbursing the grant funds to LACFCD for proper administration in adherence to grant requirements. LACFCD, in turn, will oversee the allocation of these funds to various agencies, including the City.

As part of this process, LACFCD is seeking the City's cooperation in establishing a Memorandum of Understanding (MOU) to formalize the distribution of the grant funds.

Staff recommends the Council authorize the Mayor to sign the MOU between the City had LACFCD for the grant funding relating to the CCWTF – Phase 2.

ATTACHMENTS:

1. Memorandum of Understanding with Los Angeles County Flood Control District 2 Memorandum of Understanding Between
City of Malibu and Los Angeles County
Flood Control District
Page | 1

MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as "Agreement"), is made and entered into as of the date of the last Party, signature set forth below between the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (hereinafter referred to as “LACFCD”), and City of Malibu (hereinafter referred to as "Local Project Sponsor" or "LPS"). LACFCD and LPS are hereinafter referred to as "Parties" or, each individually, as "Party" for the following project(s): Malibu Civic Center Water Treatment Facility - Phase 2 (hereinafter referred to as "Project(s)"). The requested grant amount for the Project(s) is $500,000.00.

W I T N E S S E T H
WHEREAS, in November 2014, the voters of California enacted the Water Quality, Supply, and Infrastructure Improvement Act of 2014, (hereinafter referred to as Proposition 1), adding provisions to the California Public Resources Code; and WHEREAS, Proposition 1 amended the Public Resources Code to include Section 79740 et seq., which authorizes the Legislature to appropriate Five hundred and ten million Dollars ($510,000,000.00) for Integrated Regional Water Management (hereinafter referred to as "IRWM") water resources-related projects that address water supply, water quality, and habitat/open space needs in a region; and
WHEREAS, the intent of the IRWM concept is to encourage integrated regional strategies for the management of water resources and to provide funding through competitive grants for projects that protect communities from drought, improve water reliability, protect and improve water quality, and improve local water security by reducing dependence on imported water; and WHEREAS, the California Department of Water Resources (hereinafter referred to as "DWR") issued Proposition 1 IRWM Grant Program Guidelines and Implementation Grant Proposal Solicitation Package (hereinafter referred to as "Guidelines") in May 2022 to establish the process and criteria to solicit applications, evaluate proposals, and award Proposition 1 grants under the IRWM Grant Program; and
WHEREAS, eligible grant recipients under the Guidelines are public agencies defined as any state agency or department, special district, joint powers authority, a City, County, City and County, District, or other political subdivision of the State, nonprofit organizations defined as any corporation qualified to do business in California and qualified under United States Code, Title 26, §501(c)(3), public utilities, federally recognized Tribes listed on the Native American Heritage Commission’s Tribal Consultation list, and mutual water companies. Entities that are part of a regional water management group and responsible for applying for the grant may also perform work funded by the grant; and
WHEREAS, under the Guidelines, IRWM Implementation grant proposals must be submitted by an IRWM Region that was accepted into DWR’s IRWM Grant Program through the 2009 Region Acceptance Process and must: (1) include projects that are consistent with an Attachment #1
3 Memorandum of Understanding Between
City of Malibu and Los Angeles County
Flood Control District
Page | 2
adopted IRWM Plan (hereinafter referred to as "Plan"), (2) require project proponents to adopt the latest updated Plan (3) describe specific implementation projects for which funding is being requested, and (4) identify matching funding; and
WHEREAS, the IRWM Plan for the Greater Los Angeles County Region (hereinafter referred to as "Region"), amended in 2017, and approved on May 19, 2020 by DWR, will facilitate a regional approach to watershed management by establishing collaborative efforts across the watersheds within the Region; and
WHEREAS, the Region was accepted into DWR’s IRWM Grant Program through the 2009 Region Acceptance Process in September 2009; and
WHEREAS, the Region's IRWM Group, which includes the Region’s participating local entities and the LPSs identified in Exhibit I of the Grant Agreement, designated LACFCD as the regional entity to apply for grant funds on behalf of all proposed projects for the Region through the IRWM process; and
WHEREAS, the implementation grant proposal for the Region included several proposed projects sponsored by the following local entities, solely or jointly, (the projects are identified in Exhibit I to the Grant Agreement between DWR and LACFCD, which Grant Agreement, including all Exhibits thereto, is attached hereto and incorporated herein as Attachment A):

Amigos De Los Rios, City of Burbank, City of Calabasas, City of Malibu, City of Manhattan Beach, City of South Gate, City of Torrance, Los Angeles County Public Works, Gateway Water Management Authority, Las Virgenes Municipal Water District, Los Angeles County Flood Control District, Los Angeles County Waterworks District No. 29 Malibu, Los Angeles Department of Water and Power, Los Angeles Neighborhood Land Trust, The Nature Conservancy, Valley County Water District, and West Basin Municipal Water District, and (collectively, the "Projects"); and
WHEREAS, the Projects are identified in Exhibit I to the Grant Agreement between DWR and LACFCD, which Grant Agreement, including all Exhibits thereto, is attached hereto and incorporated herein as Attachment A; and
WHEREAS, for IRWM projects funded under the grant involving the participation of more than one entity, it is the intention of the Parties that the LPS be a single entity responsible for implementation of the Project(s) and having the authority to enter into this Agreement on behalf of all entities participating in the Project(s); and
WHEREAS, LPS assumes all responsibilities and liabilities for the Project(s) under this Agreement (including Grant Agreement responsibilities allocated to LPS under this Agreement).

LPS will be the entity that invoices LACFCD and provides any documentation and information requested or required under this Agreement or the Grant Agreement by LACFCD with respect to the implementation of the Project(s), including supporting documentation, reports, and notices.

In the event that the Project(s) will be implemented by more than one entity, LPS shall ensure that it has entered into appropriate written agreement(s) with each of the other Projectimplementing entities to confirm the authority of LPS to enter into this Agreement on their 4 Memorandum of Understanding Between
City of Malibu and Los Angeles County
Flood Control District
Page | 3
behalf, and shall ensure that each of the other Project-implementing entities agrees to defend, indemnify and hold harmless LACFCD to the same extent that LPS provides to LACFCD under this AGREEMENT. Further, each entity participating in a Project acknowledges full responsibility for the implementation of the Project(s), including all responsibilities identified in this Agreement as well as the Grant Agreement and commits to the fulfillment of their respective obligations with respect to the Project(s). As to LACFCD, LPS remains solely responsible for all aspects of the Project(s); and
WHEREAS, DWR has indicated that it will award an implementation grant of up to Twenty Million, Three Hundred and Thirty-Five Thousand Dollars ($20,335,000.00) to the LACFCD on behalf of the Region's LPSs; and
WHEREAS, DWR has indicated that it will enter into an agreement (hereinafter referred to as Grant Agreement) with LACFCD, for the administration of the implementation grant funds with respect to the seventeen (17) projects, including LPS's Project(s); and WHEREAS, LPS desires that LACFCD execute the anticipated Grant Agreement with DWR and perform the role of Grantee therein on LPS's behalf so that LPS can receive and benefit from the Proposition 1 grant funds for its Project(s) in the amount to be identified in Exhibit B to the Grant Agreement; and
WHEREAS, LACFCD and LPS desire to enter into this Agreement to clarify their respective responsibilities with respect to the anticipated grant from DWR and the Parties' responsibilities pursuant to the Grant Agreement; specifically, the Parties intend that LACFCD's role will be to administer the grant funding and submit documentation required under the Grant Agreement to DWR on behalf of LPS, for which LACFCD will be reimbursed pursuant to this Agreement. LPS will be responsible for all other activities required under the Grant Agreement related to its Project(s), including, but not limited to construction, monitoring, project management, operations and maintenance and legal compliance; and WHEREAS, the LPS was awarded a project grant of $500,000.00. This amount includes the administrative fee in the LPS's requested grant amount to cover the LACFCD's costs for grant administration and oversight and reflected in Exhibit B of the Grant Agreement. The Parties intend by this Agreement to establish that LACFCD will seek reimbursement of up to four and one-half percent (4.5%) administrative costs directly from the DWR reimbursement for these costs; and WHEREAS, the LPS previously agreed to pay West Basin Municipal Water District $4,213.25 for the cost of preparing and processing the LPS’s grant application(s) for its project(s) and
WHEREAS the Parties acknowledge that LACFCD will not approve any aspect of the Project(s) or provide any resources related to implementation of the Project(s) outside of grant funding, if any, which is provided to LACFCD from DWR, specifically for the Project(s).

NOW, THEREFORE, LACFCD and LPS hereby agree as follows:
5 Memorandum of Understanding Between
City of Malibu and Los Angeles County
Flood Control District
Page | 4

LACFCD'S RESPONSIBILITIES
Section (1) LACFCD AGREES TO, for as long as the Grant Agreement remains in effect:
(1) Provide staff to oversee grant administration, manage grant funds and provide Project oversight, as related to the grant.
(2) Establish an independent account to manage the grant funds for each Project and provide routine updates to the LPS of balance and activities of each account. (3) Receive from LPS and submit to DWR the reports and information prepared and provided by LPS for each Project as requested by LACFCD and/or as required under the Grant Agreement. (4) Negotiate and execute amendments to the Grant Agreement on behalf of LPS, upon written request and approval by LPS.
(5) Process grant reimbursement requests submitted by LPS, including, submission of such requests to DWR and, only upon receipt of funds from DWR related to the invoices submitted, provide reimbursement to LPS within thirty (30) days of receipt by LACFCD of funds from DWR.
(6) Submit grant reimbursement request(s) to DWR, for a total amount not to exceed $500,000.00 to reimburse LACFCD’s administrative costs, management, and project oversight efforts with respect to the IRWM grant, as authorized by DWR and pursuant to Section (2)(8).

LPS'S RESPONSIBILITIES
Section (2) LPS AGREES TO:
(1) Retain sole and full responsibility for all aspects of LPS's Project(s) as identified in the Grant Agreement, including any approved amendments, including, but not limited to: planning, design, review and approval of plans, specifications, bid documents and construction documents, implementation; construction; management; Project oversight; monitoring; inspections; operation and maintenance; submission of Project reimbursement billing requests; provision of reports, notifications and notices; compliance with all legal requirements related to the Project(s) such as lead agency responsibilities, and all other applicable local, State and Federal statutes and regulations related to the Project(s) for the lifetime of the Project(s) notwithstanding any early termination of this Agreement. (2) Plan, design, construct, and continuously operate and maintain LPS’s Project(s) pursuant to LPS’s Work Plan as identified in Exhibit A to the Grant Agreement. LPS agrees to notify LACFCD and receive LACFCD’s written approval as well as that of DWR in advance of implementing any proposed changes to LPS’s Project(s), including proposed future changes to the Work Plan.
(3) Comply with all terms, provisions and commitments contained in the Grant Agreement, including all exhibits and attachments thereto, applicable to LPS or to LACFCD as Grantee or to representatives of Grantee under the Grant Agreement, whether or not herein specifically referenced, (with the exception of responsibilities identified in Section (1)(1) above which are solely responsibilities of LACFCD) for the lifetime of the Project(s). The Parties agree that 6 Memorandum of Understanding Between
City of Malibu and Los Angeles County
Flood Control District
Page | 5
responsibilities of LPS, Grantee, representatives of Grantee or activities for which LACFCD (as Grantee) and LPS may be listed as jointly responsible under the Grant Agreement, shall remain the sole responsibility of LPS, with the exception of activities herein listed as LACFCD'S RESPONSIBILITIES.
(4) Comply with all applicable environmental requirements pertaining to the Project(s), including but not limited to the California Environmental Quality Act (CEQA), the State CEQA Guidelines and, if applicable, the National Environmental Policy Act (NEPA). Submit documents that satisfy the CEQA and NEPA process as well as any mitigation agreements, and environmental permits, including but not limited to DWR’s Environmental Information Form. LACFCD is not responsible for any aspect of environmental compliance with respect to the Project(s), including any proposed future changes to LPS’s Project(s), and no Project may be implemented absent LPS's compliance with CEQA and other environmental laws and regulations. Prior to submission of each invoice to LACFCD under this Agreement, LPS must submit written confirmation to LACFCD, in a format to be specified by LACFCD, that it has complied with all requirements of the Grant Agreement, including, but not limited to compliance with CEQA and, as applicable, NEPA for LPS's Project(s), including all work covered under the invoice, and shall provide appropriate evidence of its compliance. In addition, LPS agrees to submit written confirmation of CEQA and applicable NEPA compliance prior to implementing any future changes to its Project(s). (5) Demonstrate availability of funds to complete the Project by submitting the most recent three (3) years of audited financial statements and provide cost share funding match for the LPS’s Project in the amount identified in Exhibit B of the Grant Agreement. (6) Ensure that any and all permits, licenses and approvals required for its Project(s) are obtained in a timely manner and maintained in effect as legally required. (7) Submit not more than one reimbursement request per quarter to LACFCD, in the format specified by LACFCD, executed by an authorized individual at LPS who is knowledgeable of the information and certifies and warrants the accuracy of the information contained in the reimbursement request.
(8) Allow LACFCD to be reimbursed by DWR in an amount not to exceed $22,500.00, representing up to four and a half percent (4.5%) of LPS's requested grant amount for grant administrative costs, management, and project oversight efforts with respect to the IRWM, which will be subtracted from the LPS's requested grant amount, as reflected in Exhibit B of the Grant Agreement. LPS thereby agrees that it will be reimbursed $477,500.00 by LACFCD under this Agreement.
(9) Prepare, provide, and ensure accuracy of all deliverables, reports, documentation, notifications, notices, and information related to the Project(s), as required under the Grant Agreement and/or requested by LACFCD to assist LACFCD and to enable LACFCD or LPS to provide information required under the Grant Agreement to DWR in a prompt and timely manner, in accordance with the provisions of the Grant Agreement. 7 Memorandum of Understanding Between
City of Malibu and Los Angeles County
Flood Control District
Page | 6
(10) Inform LACFCD within fifteen (15) days of any material changes related to the Project(s) including but not limited to, the progress of construction, Project budget(s), and Project benefits, through reporting process or other methods established by LACFCD. (11) Repay the LACFCD any amount owed to DWR within thirty (30) days of written notification, if for any reason DWR determines that LPS’s Project(s) is no longer entitled to grant funds.
(12) Provide regular and ongoing inspections of construction work in progress and be responsible to keep work under control. Authorize LACFCD to inspect the Project(s), at LACFCD's discretion, to review the progress of the Project(s).
(13) Accept all liabilities and hold LACFCD legally and financially harmless if it is determined by court of law that LPS's allocation and use of the grant and matching funds is in violation of any applicable statutes, regulations, ordinances, guidelines, or requirements, including, but not limited to, grant requirements, and/or requirements governing contracting, and subcontracting, unless such violation(s) is due to LACFCD’s active negligence or willful misconduct.
(14) Accept sole responsibility for persons performing work related to the Project(s), including, but not limited to, employees, contractors, subcontractors, suppliers, and providers of services.
(15) Accept sole responsibility for any, and all disputes arising out of contracts for implementation of the Project(s), including, but not limited to, payment disputes involving representatives of LPS, contractors and subcontractors. LPS acknowledges that LACFCD will not mediate or be involved with disputes between LPS and any other entity concerning responsibility for performance of work related to the Project(s). (16) Comply with all Basic Conditions, conditions for disbursement, Continuing Eligibility requirements, and Standard Conditions set forth in the Grant Agreement at all times. (17) Designate in writing a Project Manager with the full authority to act on behalf of LPS on any matter related to the Project(s) and advise LACFCD and DWR immediately in writing of any change in Project Manager.

Section (3) TERMINATIONS/SUSPENSIONS
(1) Termination of Agreement
This Agreement shall remain in effect while the Grant Agreement or any provision of the Grant Agreement remains in effect. LPS's indemnification will remain in effect for the lifetime of the Project(s). Following termination of the Grant Agreement, LPS shall remain solely responsible for any liability, costs or expenses related to its Project(s), including any request for repayment by DWR related to LPS's Project(s) and/or any other costs, fees and/or penalties, such as costs related to allegations of default under Section 12 of the Grant 8 Memorandum of Understanding Between
City of Malibu and Los Angeles County
Flood Control District
Page | 7
Agreement, which may be asserted against LACFCD by DWR related to the LPS's Project(s). LPS acknowledges that in no event shall LACFCD be responsible for any liability, costs, or expenses related to LPS's Project(s) or for the performance of work on, or the operation or maintenance of, the completed Project(s), as a result of the termination of the Grant Agreement or for any other reason.
(2) Termination for Noncompliance with Child Support Requirements LPS shall maintain compliance with requirements of LACFCD's Child Support Compliance Program as certified in LPS's Child Support Compliance Program Certification and as set forth in this Agreement. Failure of LPS to maintain compliance with these requirements will constitute a default under this Agreement. Failure to cure such a default within ninety (90) days of notice by LACFCD shall be grounds upon which LACFCD may give notice of termination and terminate this Agreement.
(3) Termination/Suspension for Convenience
This Agreement may be suspended or terminated, in whole or in part, from time to time, when such action is deemed by LACFCD, in its sole discretion, to be in its best interest.

Suspension or termination of work hereunder shall be effected by notice of suspension or termination to LPS specifying the extent to which performance of work is suspended or terminated and the date upon which such suspension or termination becomes effective. The date upon which such suspension or termination becomes effective shall be no less than ten (10) days after the notice is sent.

After receipt of a notice of suspension or termination and except as otherwise directed by LACFCD, LPS shall:
a. Stop work under this Agreement on the date and to the extent specified in such notice. b. Complete performance of such part of the work as shall not have been suspended or terminated by such notice.

All material including books, records, documents, or other evidence bearing on the costs and expenses of LPS under this Agreement shall be maintained by LPS in accordance with Exhibit D of Grant Agreement.

Consistent with the above, if this Agreement is suspended or terminated, LPS shall complete within the LACFCD’s suspension or termination date contained within the notice of suspension or termination, those items of work which are in various stages of completion, which the LACFCD has advised the LPS are necessary to bring the work to a timely, logical, and orderly end. Reports, samples, and other materials prepared by LPS under this Agreement shall be delivered to LACFCD upon request and shall be in public domain as outlined in Exhibit D of Grant Agreement.
9 Memorandum of Understanding Between
City of Malibu and Los Angeles County
Flood Control District
Page | 8
(4) Termination/Suspension for Default
LACFCD may, by written notice to LPS, suspend or terminate the whole or any part of this Agreement, if, in the judgment of LACFCD:
a. LPS has materially breached this Agreement; or
b. LPS fails to timely provide and/or satisfactorily perform any task, deliverable, service, or other work required under this Agreement; or
c. LPS fails to demonstrate a high probability of timely fulfillment of performance requirements under this Agreement, or of any obligations of this Agreement and in either case, fails to demonstrate convincing progress toward a cure within five (5) working days (or such longer period as LACFCD may authorize in writing) after receipt of written notice from LACFCD specifying such failure.

In the event LACFCD suspends or terminates this Agreement in whole or in part pursuant to this paragraph, LACFCD may procure, upon such terms and in such manner, as LACFCD may deem appropriate, goods and services similar to those so suspended or terminated. LPS shall be liable to LACFCD for any and all excess costs incurred by LACFCD, as determined by LACFCD, for such similar goods and services. LPS shall continue the performance of this Agreement to the extent not suspended or terminated under the provisions of this paragraph.

Except with respect to defaults of any Subcontractor, LPS shall not be liable for any excess costs of the type identified above, if its failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of LPS. Such causes may include, but are not limited to, acts of God or of the public enemy, acts of LACFCD in either its sovereign or contractual capacity, acts of the Federal or State government in its sovereign capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case, the failure to perform must be beyond the control and without the fault or negligence of LPS. If the failure to perform is caused by the default of a Subcontractor, and if such default arises out of causes beyond the control of both LPS and Subcontractor, and without the fault or negligence of either of them, LPS shall not be liable for any such excess costs for failure to perform, unless the goods or services to be furnished by the Subcontractor were obtainable from other sources in sufficient time to permit LPS to meet the required delivery schedule.

If, after LACFCD has given notice of termination or suspension under the provisions of this paragraph, it is determined by LACFCD that LPS was not in default under the provisions of this paragraph or that the default was excusable under the provisions of this paragraph, the rights and obligations of the parties shall be the same as if the notice of termination or suspension had been issued pursuant to this Exhibit's Termination/Suspension for Convenience.
a. The rights and remedies of LACFCD provided in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.
10 Memorandum of Understanding Between
City of Malibu and Los Angeles County
Flood Control District
Page | 9
b. As used herein, the terms "Subcontractor" and "Subcontractors" mean Subcontractor at any tier.
(5) Termination/Suspension for Improper Consideration
LACFCD may, by written notice to LPS, immediately terminate the right of LPS to proceed under this Agreement if it is found that consideration, in any form, was offered or given by LPS, either directly or through an intermediary, to any LACFCD officer, employee, or agent with the intent of securing this Agreement or securing favorable treatment with respect to the award, amendment, or extension of this Agreement or the making of any determinations with respect to LPS performance pursuant to this Agreement. In the event of such termination, LACFCD shall be entitled to pursue the same remedies against LPS as it could pursue in the event of default by LPS.

LPS shall immediately report any attempt by a LACFCD officer or employee to solicit such improper consideration. The report shall be made either to LACFCD manager charged with the supervision of the employee or to the Auditor-Controller's Employee Fraud Hotline at (800) 544-6861.

Among other items, such improper consideration may take the form of cash, discounts, services, the provision of travel, entertainment, or tangible gifts. (6) Termination/Suspension for Insolvency
LACFCD may suspend or terminate this Agreement forthwith in the event of the occurrence of any of the following:
a. Insolvency of LPS. LPS shall be deemed to be insolvent if it has ceased to pay its debts for at least sixty (60) days in the ordinary course of business or cannot pay its debts as they become due, whether or not a petition has been filed under the Federal Bankruptcy Code, and whether or not LPS is insolvent within the meaning of the Federal Bankruptcy Code.
b. The filing of a voluntary or involuntary bankruptcy petition relative to LPS under the Federal Bankruptcy Code.
c. The appointment of a bankruptcy Receiver or Trustee for LPS. d. The execution by LPS of a general assignment for the benefits of creditors. e. The rights and remedies of LACFCD provided in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.
(7) Termination/Suspension for Nonadherence to County Lobbyists Ordinance Each LACFCD lobbyist, as defined in the Los Angeles County Code Section 2.160.010, retained by LPS shall be in full compliance with Chapter 2.160 of the Los Angeles County Code. LPS’s signature on the Agreement is its certification that it is in full compliance with Chapter 2.160. Failure on the part of any LACFCD lobbyist retained by LPS to fully comply 11 Memorandum of Understanding Between
City of Malibu and Los Angeles County
Flood Control District
Page | 10
with the County Lobbyist Ordinance shall constitute a material breach of this Agreement upon which LACFCD may immediately terminate or suspend this Agreement.

Section (4) GENERAL INDEMNIFICATION
(1) LPS shall indemnify, defend, and hold harmless LACFCD, the County of Los Angeles, Special Districts for which the Board of Supervisors for the County of Los Angeles and LACFCD acts as the governing body, elected and appointed officers, officials, employees and agents from and against any and all liability, including, but not limited to, defense costs, demands, claims, allegations of default or breach of the Grant Agreement or this Agreement, actions, fees, costs and expenses (including attorney and expert witness fees) arising from or relating to: acts or omissions of the LPS related to its Project(s) and/or any acts or omissions of LACFCD made on behalf of or for the benefit of LPS pursuant to this Agreement, including, but not limited to, LACFCD's actions or activities in administering the grant funding and other LACFCD responsibilities set forth in Section (1)(1), but not including any acts or omissions of the LACFCD that involve the LACFCD’s active negligence or willful misconduct. LPS liability arising from the active negligence or willful misconduct of LACFCD is excluded under this paragraph. This indemnity section shall remain in effect while the Grant Agreement, or any of its terms, is in effect and shall survive the termination, for any reason, of the Grant Agreement or this Agreement and shall remain in effect during the lifetime of the Project(s).
(2) If, for whatever reason, DWR fails to fund any part of the grant commitment related to the Project(s), LPS shall hold LACFCD harmless for that failure to fund and shall not seek any funding from LACFCD other than funds actually provided by DWR to LACFCD and specifically identified for LPS's Project(s). If, for whatever reason, DWR demands repayment of any part of the grant commitment related to the Project(s), LPS shall indemnify, defend, and hold LACFCD harmless for that repayment demand and shall not seek any funding from LACFCD in connection therewith.
(3) LPS shall comply with the requirements set forth in CEQA and the CEQA Guidelines for its Project(s). LPS is ultimately and solely responsible for compliance with all applicable CEQA and NEPA requirements, including any mitigation measures required for the Project(s). LPS shall indemnify, defend, and hold harmless LACFCD, the County of Los Angeles, Special Districts for which the Board of Supervisors for County of Los Angeles and LACFCD acts as the governing body, elected and appointed officers, employees, and agents from and against any and all claims and/or actions related to the Project(s) that may be asserted by any third party or public agency alleging violations of CEQA or the CEQA Guidelines, NEPA and/or other Federal, State, and local environmental laws, rules, and regulations, guidelines, and requirements for the Project(s). This indemnity section shall remain in effect while the Grant Agreement, or any of its terms, is in effect and shall survive the termination, for any reason, of the Grant Agreement or this Agreement and shall remain in effect during the lifetime of the Project(s).
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City of Malibu and Los Angeles County
Flood Control District
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Section (5) CHILD SUPPORT LAWS
(1) LACFCD's Policy on Child Support Laws
LPS acknowledges that LACFCD places a high priority on the enforcement of child support laws and the apprehension of child support evaders. LPS understands that it is LACFCD's policy to encourage all LACFCD contractors to voluntarily post LACFCD'S Los Angeles Most Wanted: Delinquent Parents List, in a prominent position at LPS’s place of business. (2) Child Support Compliance Program
As required by LACFCD's Child Support Compliance Program (Los Angeles County Code Chapter 2.200), and without limiting LPS’s duty under this Agreement to comply with all applicable provisions of law, LPS warrants that it is now in compliance and shall during the term of this Agreement maintain compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement lawfully served Wage and Earnings Withholding Orders or District Attorney Notice of Wage Earnings Assignment for Child or Spousal Support, pursuant to Code of Civil Procedure, Section 706.031 and Family Code, Section 5246(b).

Section (6) NOTICE TO EMPLOYEES REGARDING THE FEDERAL EARNED INCOME CREDIT
LPS shall notify its employees, and shall require each subcontractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the Federal income tax laws.

Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice No. 1015.

Section (7) PROHIBITION AGAINST USE OF CHILD LABOR
(1) LPS shall:
a. Not knowingly sell or supply to LACFCD any products, goods, supplies or other personal property manufactured in violation of child labor standards set by the International Labor Organization through its 1973 Convention Concerning Minimum Age for Employment and,
b. Upon request by LACFCD, identify the country/countries of origin of any products, goods, supplies, or other personal property LPS supplies to LACFCD; and c. Upon request by LACFCD, provide to LACFCD the manufacturer's certification of compliance with all international child labor conventions. (2) Should LPS discover that any products, goods, supplies, or other personal property sold or supplied by LPS to LACFCD are produced in violation of any international child labor conventions, LPS shall immediately provide an alternative, compliant source of supply. 13 Memorandum of Understanding Between
City of Malibu and Los Angeles County
Flood Control District
Page | 12
(3) Failure by LPS to comply with provisions of this section will be grounds for immediate suspension or termination of this Agreement.

Section (8) NOTIFICATION
(1) Any notices, bills, invoices, or reports relating to this Agreement, and any request, demand, statement, or other communication required or permitted hereunder shall be in writing and a. shall be delivered to the representatives of the Parties at the addresses set forth below, except that any Party may change the address for notices by giving the other Party at least ten (10) days written notice of the new address:

LACFCD:

Matthew Frary, Principal Engineer
Stormwater Planning Division
Los Angeles County Flood Control District
County of Los Angeles Department of Public Works
900 South Fremont Avenue
Alhambra, CA 91803-1331
LPS:

Steve Uhring, Mayor
City of Malibu
23825 Stuart Ranch Road
Malibu CA 90265
b. or when LACFCD establishes a process to electronically upload some of the above stated information via the Web, the LPS shall submit the information accordingly as directed by LACFCD.

Section (9) MUTUAL COVENANTS
(1) Governing Laws, Jurisdiction, and Venue: This Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. To the maximum extent permitted by applicable law, LPS and LACFCD agree and consent to the exclusive jurisdiction of the courts of the State of California for all purposes concerning with or arising out of this Agreement, shall be exclusively in the County of Los Angeles. (2) Amendment: No variation, modification, change, or amendment of this Agreement shall be binding upon any Party unless such variation, modification, change, or amendment is in writing and duly authorized and executed by both Parties. This Agreement shall not be amended or modified by oral agreements or understandings between the Parties or by any acts or conduct of the Parties. Notwithstanding the above, the Parties agree that any amendment to the Grant Agreement (including any amendment to LPS’s grant amount and corresponding change to the dollar amount of LACFCD’s 4.5 percent administrative fee) shall become part of this 14 Memorandum of Understanding Between
City of Malibu and Los Angeles County
Flood Control District
Page | 13
Agreement upon the provision of written notice to the LPS without the necessity of further written agreement between the Parties absent the immediate provision of written objection by LPS to LACFCD.
(3) Entire Agreement: This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous agreements and understandings.
(4) No Third-Party Beneficiary/Successors and Assigns: This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have any right of action based upon any provisions of this Agreement. (5) Waiver: No waiver of any breach or default by any Party shall constitute a waiver of any other breach or default, nor shall any such waiver constitute a continuing waiver. Failure of any Party to enforce at any time or from time to time, any provision of this Agreement shall not be construed as a waiver thereof. The remedies herein reserved shall be cumulative and additional to any other remedies in law or equity.
(6) Covenant: All provisions of this AGREEMENT, whether covenants or conditions, on the part of LPS shall be deemed to be both covenants and conditions. (7) Assignment: No Party shall assign this Agreement or any of such Party's interest, rights, or obligations, under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld except that any Party may assign the Agreement, or any part thereof, to any successor governmental agency performing the functions of the assigning Party as its successor.
(8) Relationship of Parties: The Parties are, and at all times shall remain as to each other, wholly independent entities. No Party to this Agreement shall have the power to incur any debt, obligation, or liability on behalf of any other Party unless expressly provided to the contrary by this Agreement. No employee, agent, or officer of a Party shall be deemed for any purpose whatsoever to be an agent, employee, or officer of another Party. (9) Successors: This Agreement shall be binding upon and shall insure to the benefit of the respective successors, heirs and assigns of each Party.

Section (10) NEGOTIATION OF PARTNERSHIP
(1) Nothing in this Agreement shall be construed to render LACFCD in any way or for any purpose a partner, joint venturer, or associate in any relationship with LPS, nor shall this Agreement be construed to authorize either Party to act as agent for the other Party unless expressly provided in this Agreement.

Section (11) SAVINGS CLAUSE
(1) If any provision or provisions of this Agreement shall be determined by any court to be invalid, 15 Memorandum of Understanding Between
City of Malibu and Los Angeles County
Flood Control District
Page | 14
illegal or unenforceable to any extent, the remainder of the Agreement shall continue in full force and effect and this Agreement shall be construed as if the invalid, illegal or unenforceable provision(s) had never been contained in this Agreement.

Section (12) AUTHORITY TO ENTER INTO AGREEMENT
(1) Each of the persons signing below on behalf of a Party represents and warrants that he or she is an authorized agent who has actual authority to bind LPS to each, and every term, condition, and obligation to this Agreement and that all requirements of LPS have been fulfilled to provide such actual authority.
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16 Memorandum of Understanding Between
City of Malibu and Los Angeles County
Flood Control District
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective officers, duly authorized by the LPS on ___________________, 2024, and by the LACFCD on ____________________, 2024.

By

MARK PESTRELLA, PE
Director of Public Works
Date
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By
Deputy Date

CITY OF MALIBU
ATTEST:

By
STEVE UHRING Date
Mayor
APPROVED AS TO FORM:

By
TREVOR RUSIN Date
Interim City Attorney
17