PLEASE DOWNLOAD THE AGENDA DOCUMENT FOR
INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING
Meeting Agenda
CC240408_AGENDA.PDF
Item 3A1
Second Reading and Adoption of Ordinance No. 516
CC240408_ITEM 3A1.PDF
Item 3B2
Approve Warrants
CC240408_ITEM 3B2.PDF
Item 3B3
Approval of Minutes
CC240408_ITEM 3B3.PDF
Item 3B4
Professional Services Agreement with Managed Career Solutions CC240408_ITEM 3B4.PDF
Item 3B5
Amendment to Professional Services Agreement with The People Concern for 3-Year Extension
CC240408_ITEM 3B5.PDF
Item 3B6
Zuma Foundation Inc. Insurance
CC240408_ITEM 3B6.PDF
1. Documents:
2. Documents:
3. Documents:
4. Documents:
5. Documents:
6. Documents:
7. Documents:
Item 3B6
Zuma Foundation Inc. Insurance
CC240408_ITEM 3B6.PDF
Item 3B7
Amendment to Professional Services Agreement with Rincon Consultants, Inc.
CC240408_ITEM 3B7.PDF
Item 3B8
Annual Progress Report Regarding the Implementation of the City’s Housing Element CC240408_ITEM 3B8.PDF
Item 3B9
First Amendment to Professional Services Agreement with Konica Minolta for certain digitizing the City’s Human Resource’s records
CC240408_ITEM 3B9.PDF
Item 6A
Classification and Total Compensation Study Results
CC240408_ITEM 6A.PDF
Item 6B
City Comment Letter for Draft Environmental Impact Report for the Topanga Lagoon Restoration Project
CC240408_ITEM 6B.PDF
7. Documents:
8. Documents:
9. Documents:
10. Documents:
11. Documents:
12. Documents:
HOW TO VIEW THE MEETING: The meeting will be live streamed at www.malibucity.org/video and via Zoom Webinar.
HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence to [email protected] before the meeting begins.
HOW TO PARTICIPATE IN-PERSON DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form. In-person participants may also surrender their opportunity to speak on a particular item to defer one minute to another in-person speaker.
HOW TO PARTICIPATE REMOTELY DURING THE MEETING: Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. When you join the Zoom Webinar you may see a pop-up asking you to enter an email address, but a valid email address is not required. Be advised that those participating via Zoom do so at their own risk; remote participants should not expect the meeting to be cancelled or continued due the inability of some members of the public to access the remote meeting.
Malibu City Council
Regular Meeting Agenda
Monday, April 8, 2024
6:30 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/85066382175
Six-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Report on Posting of Agenda – March 29, 2024
Approval of Agenda
City Council Regular Meeting Agenda Page - 2 - April 8, 2024
1. Ceremonial/Presentations
A. Presentation on California State Parks Fire Defense Program
2. Written and Oral Communications from the Public
A. Communications from the Public concerning matters which are not on the agenda but for which the City Council has subject matter jurisdiction. City Council may not act on these matters except to refer the matters to staff or schedule the matters for a future agenda.
B. Commission / Committee / City Manager Updates
C. City Council Subcommittee reports / Mayor and Councilmember meeting attendance, reports and inquiries
3. Consent Calendar
A. Previously Discussed Items
1. Second Reading and Adoption of Ordinance No. 516
Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 516 amending Malibu Municipal Code Section 2.04.030(b) regarding City holidays to include Juneteenth as a City holiday and instituting a Winter Closure and amending the definition of holiday in Malibu Municipal Code Section 8.24.030.
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 71927-72084 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. 744 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $1,599,641.63. City of Malibu payroll check number 5419-5421 and ACH deposits were issued in the amount of $407,688.57.
Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224
City Council Regular Meeting Agenda Page - 3 - April 8, 2024
3. Approval of Minutes
Recommended Action: Approve the minutes for the January 8, 2024 Malibu City Council Regular meeting, January 17, 2024 Malibu City Council Special meeting, January 22, 2024 Malibu City Council Special meeting, January 22, 2024 Malibu City Council Regular meeting, February 12, 2024 Malibu City Council Special meeting, and February 12, 2024 Malibu City Council Regular meeting.
Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228
4. Professional Services Agreement with Managed Career Solutions Recommended Action: Authorize the City Manager to execute a Professional Services Agreement with Managed Career Solutions, Social Purpose Corporation, DBA Managed Career Solutions Rehab & FTI-LA & American Medical Careers for erosion remediation and mitigation work and trail clearance at Charmlee Wilderness Park.
Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350
5. Amendment to Professional Services Agreement with The People Concern for 3-Year Extension
Recommended Action: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with The People Concern for a 3-year extension.
Staff Contact: Public Safety Director Dueñas, 456-2489, ext. 313
6. Zuma Foundation Inc. Insurance
Recommended Action: Approve the revised insurance requirements as part of the Road Race Agreement with Zuma Foundation Inc.
Staff Contact: Community Services Director Riesgo, 456-2489, ext. 350
7. Amendment to Professional Services Agreement with Rincon Consultants, Inc.
Recommended Action: Authorize the Mayor to execute Amendment No. 1 to Agreement with Rincon Consultants, Inc. to increase the compensation by $125,902 to complete the processing of the 2021-2029 Housing Element Update.
Staff Contact: Planning Director Mollica, 456-2489, ext. 346
8. Annual Progress Report Regarding the Implementation of the City’s Housing Element Recommended Action: Approve the 2023 Annual Housing Element Progress Report.
Staff Contact: Planning Director Mollica, 456-2489, ext. 346
City Council Regular Meeting Agenda Page - 4 - April 8, 2024
9. First Amendment to Professional Services Agreement with Konica Minolta for certain digitizing the City’s Human Resource’s records
Recommended Action: Authorize the City Manager to execute the First Amendment to the Professional Services Agreement with Konica Minolta.
Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224
4. Ordinances and Public Hearings
None.
5. Old Business
None.
6. New Business
A. Classification and Total Compensation Study Results
Recommended Action: 1) Receive and file Classification and Compensation Study Reports; 2) Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with Koff & Associates, a Gallagher company, to extend the term to May 31, 2024.
Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224 B. City Comment Letter for Draft Environmental Impact Report for the Topanga Lagoon Restoration Project
Recommended Action: Review and provide comments on a draft comment letter on the Draft Environmental Impact Report for the Topanga Lagoon Restoration Project.
Staff Contact: Planning Director Mollica, 456-2489, ext. 346
7. Council Items
None.
Adjournment
Future Meetings
Monday, April 22, 2024 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, April 24, 2024 6:00 p.m. Special City Council Meeting City Hall Council Chambers Monday, May 13, 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 City Council Regular Meeting Agenda Page - 5 - April 8, 2024 need came to the attention of the City after the posting of the agenda. Although no action may be taken, the Council and staff will follow up, at an appropriate time, on those items needing response. Each speaker is limited to three (3) minutes.
Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Mayor calls the item. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form prior to the beginning of the item being announced by the Mayor. In person participants may surrender their time by deferring one (1) minute to another speaker, not to exceed a total of eight (8) minutes. The speaker wishing to defer time must be present when the item is heard and their form must be submitted with the speaker form for the individual they are deferring time to. Speakers are taken in the order slips are submitted or hands are raised.
Items in Consent Calendar Section A have already been considered by the Council at a previous meeting where the public was invited to comment, after which a decision was made. These items are not subject to public discussion at this meeting because the vote taken at the previous meeting was final. Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed.
Items in Consent Calendar Section B have not been discussed previously by the Council. If discussion is desired, an item may be removed from the Consent Calendar for individual consideration. Councilmembers may indicate a negative or abstaining vote on any individual item by so declaring prior to the vote on the motion to adopt the entire Consent Calendar. Items excluded from the Consent Calendar will be taken up by the Council following the action on the Consent Calendar. The Council first will take up the items for which public speaker requests have been submitted.
Public speakers shall follow the rules as set forth under Oral Communication For Public Hearings involving zoning matters the appellant and applicant will be given 15 minutes each to present their position to the City Council, including rebuttal time. All other testimony shall follow the rules as set forth under Oral Communication.
Old Business items have appeared on previous agendas but have either been continued or tabled to this meeting with no final action having been taken. Public comment shall follow the rules as set forth under Oral Communication.
Items in New Business are items, which are appearing for the first time for formal action. Public comment shall follow the rules as set forth under Oral Communication.
City Council Items are items, which individual members of the City Council may bring up for action, to propose future agenda items or to suggest future staff assignments.
No new items will be taken-up after 10:30 p.m. without a two-thirds vote of the City Council.
City Council meetings are aired live and replayed on City of Malibu Government Access Channel 3 and are available on demand on the City’s website at www.malibucity.org/video. Copies of the staff reports or other written documentation relating to each item of business described above are on file in the office of the City Clerk, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, and are available for public inspection during regular office hours, which are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. Friday. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 23825 Stuart Ranch Road, Malibu, California (Government Code Section 54957.5.b.2). Copies of staff reports and written materials may be purchased for $0.10 per page.
The City Hall phone number is (310) 456-2489. To contact City Hall using a telecommunication device for the deaf (TDD), please call (800) 735-2929 and a California Relay Service operator will assist you. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Environmental Sustainability Director Yolanda Bundy, (310) 456-2489, ext. 229. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADD Title II].
Requests to show an audio or video presentation during a Council meeting should be directed to the Media Team City Council Regular Meeting Agenda Page - 6 - April 8, 2024 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 29th day of March 2024 at 2:45 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: March 27, 2024 Meeting date: April 8, 2024 Subject: Second Reading and Adoption of Ordinance No. 516 RECOMMENDED ACTION: Conduct second reading, unless waived, and adopt Ordinance No. 516 amending Malibu Municipal Code Section 2.04.030(b) regarding City holidays to include Juneteenth as a City holiday and instituting a Winter Closure and amending the definition of holiday in Malibu Municipal Code Section 8.24.030.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PRIORITY: This item supports the Malibu Culture priority identified in the Adopted FY 2023-24 Strategic Priority Project List.
DISCUSSION: On March 25, 2024, the Council introduced on first reading Ordinance No. 516.
ATTACHMENT: Ordinance No. 516
City Council Meeting
04-08-24
Item
3.A.1.
1 ORDINANCE NO. 516
AN ORDINANCE OF THE CITY OF MALIBU AMENDING MALIBU
MUNICIPAL CODE SECTION 2.04.030(B) REGARDING CITY HOLIDAYS TO
INCLUDE JUNETEENTH AS A CITY HOLIDAY AND INSTITUTING A
WINTER CLOSURE AND AMENDING THE DEFINITION OF HOLIDAY IN MALIBU MUNICIPAL CODE 8.24.030
The City Council of the City of Malibu does ordain as follows:
SECTION 1. Recitals
A. The City of Malibu recognizes the importance of reflecting the diversity of its community and acknowledging significant historical events; and B. Juneteenth, also known as Emancipation Day or Freedom Day, commemorates the effective end of slavery in the United States, marking the day on June 19, 1865, when Union soldiers, led by Major General Gordon Granger, arrived in Galveston, Texas, with news that the Civil War had ended and that all enslaved individuals were henceforth free; and
C. Juneteenth carries profound historical significance as a celebration of emancipation and the ongoing struggle for civil rights and equality in America, symbolizing the triumph of freedom over oppression and serving as a reminder of the resilience and perseverance of African Americans throughout history; and D. The addition of Juneteenth as a recognized city holiday underscores Malibu's commitment to inclusivity, diversity, and the acknowledgment of important milestones in the journey toward social justice and equality; and E. The establishment of a winter closure for the week between December 24th and January 1st in replacement of the Christmas and New Year holidays aligns with the city's aim to create a more inclusive holiday calendar that respects the diverse religious and cultural practices of its residents while still allowing for collective rest and reflection at the end of the year; and
F. This winter closure is designed as a family-friendly closure, aiming to contribute to staff well-being by fostering a healthy work-life balance and providing dedicated time for staff to spend with their loved ones and engage in personal activities; and G. This amendment to the Malibu Municipal Code regarding city holidays is in accordance with the city's values of equity, diversity, and community cohesion, fostering an environment that honors the past, embraces the present, and looks toward a more inclusive future.
2 Ordinance No. 516
____________________
H. The addition of Juneteenth to the list of city holidays necessitates an update to the definition of “holiday” in Malibu Municipal Code Section 8.24.030, which references Section 2.04.030(B).
I. The City Council of Malibu hereby amends the Malibu Municipal Code to include Juneteenth as a recognized city holiday and to establish a winter closure for the period between December 24 and January 1, with the provision that the City Manager has the authority to determine the specific days of the winter closure each year, taking into account operational needs and community considerations.
SECTION 2. Amendment
A. Section 2.04.030(B) of the Malibu Municipal Code is amended to read as follows:
1. New Year’s Day, January 1
2. Martin Luther King Jr.’s Birthday, the third Monday in January
3. President’s Day, the third Monday in February
4. Memorial Day, the last Monday in May
5. Juneteenth, June 19;
6. Independence Day, July 4;
7. Labor Day, the first Monday in September;
8. Veteran’s Day, November 11;
9. Thanksgiving Day, the fourth Thursday in November;
10. The Friday following Thanksgiving Day;
11. Christmas Eve, December 24
12. Christmas Day, December 25
13. New Year’s Eve, December 31
During the Christmas and New Year Holidays, City Offices will observe a Winter Closure. The Closure shall be a designated period of one week beginning no later than December 24 and end no earlier than January 1 as determined by the City Manager. If December 24 falls upon a Saturday, the Friday preceding will be observed as a holiday. If January 1 falls upon a Sunday, the Monday following will be observed as a holiday.
If June 19, July 4, or November 11 falls upon a Sunday, the Monday following will be observed as the holiday, or if any such dates fall on a Saturday, the Friday preceding will be observed as the holiday. The holidays in the city may be changed by resolution of the city council or by amendment of this section.
B. Section 8.24.030 of the Malibu Municipal Code is amended to read as follows:
The following words, phrases and terms as used in this chapter shall have the meanings indicated as follows:
“City Manager” means the city manager of the city of Malibu or the city 3 Ordinance No. 516
____________________
manager’s designee.
“Construction” means any site preparation, assembly, erection, substantial repair, alteration or similar action, for or of public or private right-of-way, structures, utilities or similar property.
“Emergency machinery, vehicle or alarm” means any machinery, vehicle or alarm used, employed, performed or operated in an effort to protect, provide or restore safe conditions in the community or for the citizenry or work by private or public utilities when restoring utility service.
“Emergency work” means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency or work by private or public utilities when restoring utility services. “Holiday” means all designated holidays in Section 2.04.030(B), except
2.04.030(B)(10), (11) and (13) shall not be considered holidays for purposes of this section.
“Person” means any individual, firm, association, partnership, joint venture or corporation.
“Weekday” means any day, Monday through Friday, which is not a legal holiday.
SECTION 3. Environmental Review
Pursuant to the California Environmental Quality and its related Guidelines, this Ordinance is not a “project” under State CEQA Guidelines section 15378 because there is no potential that amendment to the list of City holidays will result in either a direct physical change or reasonably foreseeable indirect change in the environment. In the alternative, and even assuming this Ordinance constitutes a “project” within the meaning of CEQA, the Ordinance is nonetheless exempt from CEQA review pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty its adoption has no potential for direct physical impacts to the environment.
SECTION 4. The City Clerk shall certify the adoption of this ordinance.
PASSED, APPROVED AND ADOPTED this ____ day of ____ 2024. ____________________________
STEVE UHRING, Mayor
4 Ordinance No. 516
____________________
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Date: _________________________
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
5 WARRANT REGISTER NO. 744
On April 8, 2024, the Malibu City Council allowed and approved warrant demand numbers 71927-72084 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 $1,599,641.63. City of Malibu payroll check numbers 5419-5421 and ACH deposits were issued in the amount of $407,688.57.
PASSED, APPROVED and ADOPTED this 4th day of April 2024. ____________________________________________
Steve Uhring
Mayor
ATTEST:
____________________________________________
Kelsey Pettijohn
City Clerk
CERTIFICATE
In accordance with Government Code Sections 37202 and Malibu Municipal Code 3.08.050, I hereby certify that: (1) the claims or demands set forth in the warrant register(s) listed below and attached hereto and incorporated herein by this reference in the aggregate amount of $2,007,330.20 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 28th day of March 2024, AT MALIBU, CALIFORNIA ______________________________________________
Steve McClary
City Manager
City Council Meeting
4-8-24
Item
3.B.2.
DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Accounts Payable
User:
Printed:
sflores
3/27/2024 8:36 AM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 71927 CASTDIS California State Disbursement Unit 03/14/2024 0.00 339.69 71928 ICMA457 ICMA-MissionSquare Retirement - 303615 03/14/2024 0.00 17,165.20 71929 ICMACM ICMA-MissionSquare Retirement - 108658 03/14/2024 0.00 600.00 71930 ICMADH ICMA-MissionSquare Retirement - 108650 03/14/2024 0.00 1,000.00 71931 USBANK2 U.S. Bank 03/14/2024 0.00 1,219.41
71932 13STARS 13 Stars Media 03/14/2024 0.00 52.02
71933 ACCESS Access Information Intermediate Holdings LLC03/14/2024 0.00 2,174.32 71934 ACCOUNTE OfficeTeam A Robert Half Company 03/14/2024 0.00 8,694.34 71935 ADVANTAN MAP Communications, Inc. 03/14/2024 0.00 291.71 71936 APPLE AppleOne 03/14/2024 0.00 3,612.97
71937 AZURCAP Azur CART & Captioning 03/14/2024 0.00 1,683.00 71938 BLUEBEAM Bluebeam Inc 03/14/2024 0.00 15,740.00
71939 Brooks Raneika Brooks 03/14/2024 0.00 188.28
71940 CACHAMB California Chamber of Commerce 03/14/2024 0.00 330.51 71941 CCCA California Contract Cities Association 03/14/2024 0.00 935.00 71942 CIVICSO Civic Solutions, Inc 03/14/2024 0.00 10,980.00 71943 COASTALW Joseph D Smith 03/14/2024 0.00 32,623.00 71944 CRPRINT CR PRINT 03/14/2024 0.00 3,931.14
71945 FRONTIER Frontier California Inc 03/14/2024 0.00 499.99 71946 GIINDUS G.I. Industries 03/14/2024 0.00 3,933.77
71947 GOVERNF Governmental Financial Service 03/14/2024 0.00 910.00 71948 HARTSEL Bob Harts Electric, Inc. 03/14/2024 0.00 19,814.88 71949 IPC INC Integrated Performance Consultants Inc 03/14/2024 0.00 8,026.00 71950 iRIS Lorrie Feinberg 03/14/2024 0.00 67.50
71951 JLEEENG JLee Engineering, Inc. 03/14/2024 0.00 11,560.00 71952 KIMLEY Kimley-Horn and Associates Inc 03/14/2024 0.00 12,434.39 71953 KOFF Gallagher Benefit Services, Inc. 03/14/2024 0.00 17,850.00 71954 KONICA Konica Minolta Business Solutions USA Inc 03/14/2024 0.00 4,937.50 71955 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/14/2024 0.00 75.00 71956 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/14/2024 0.00 75.00 71957 LACOREG LA Co Registrar Recorder/Cty Clerk 03/14/2024 0.00 93.00 71958 LACOWAT LA Co MalibuTreasurer-Waterworks 03/14/2024 0.00 1,506.29 71959 MACKAYCO Mackay Communications Inc 03/14/2024 0.00 948.60 71960 MALENCIN Thomas Keane 03/14/2024 0.00 63,157.00
71961 MASTERCO Master Cooling Corporation 03/14/2024 0.00 2,032.90 71962 MATTMICH Dr. Michael D Matthews 03/14/2024 0.00 3,315.00 71963 MNS MNS Engineers, Inc. 03/14/2024 0.00 5,565.00
71964 PATCH Planck LLC 03/14/2024 0.00 3,750.00
71965 PEGASUS Robert Michael Schwieger 03/14/2024 0.00 6,990.00 71966 REGENCYL Regency Enterprises Inc 03/14/2024 0.00 357.36 71967 REMOTESA Remote Satellite Systems Int'l 03/14/2024 0.00 255.80 71968 RODJESS Jesse Rodriguez 03/14/2024 0.00 499.27
71969 ROTHSTAF Roth Staffing Companies LP 03/14/2024 0.00 4,760.00 71970 RYLAND STLR Corporation 03/14/2024 0.00 22,037.50 71971 SANTA Santa Monica - Malibu Unified School District 03/14/2024 0.00 27,110.98 71972 SCEDISO Southern California Edison Company 03/14/2024 0.00 30,343.96 71973 SOLIDWA Solid Waste Solutions, Inc. 03/14/2024 0.00 36,040.39 AP Checks by Date - Summary by Check Number (3/27/2024 8:36 AM) Page 1 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 71974 STAPLES Staples Contract & Commercial LLC 03/14/2024 0.00 232.60 71975 STORYPOL Coastal Design Build Group Inc 03/14/2024 0.00 243.75 71976 TOWNSPUB Townsend Public Affairs Inc 03/14/2024 0.00 6,500.00 71977 TRIPEPIS Tripepi, Smith, & Associates 03/14/2024 0.00 5,452.50 71978 ULTMAINT Ultimate Maintenance Services Inc 03/14/2024 0.00 4,350.00 71979 USLABS Bureau Veritas North America, Inc. 03/14/2024 0.00 5,670.00 71980 VERIZONW Verizon Wireless Services LLC 03/14/2024 0.00 4,204.47 71981 WESTAV Western A/V 03/14/2024 0.00 49,137.00
71982 WILLSCOT Williams Scotsman Inc 03/14/2024 0.00 5,801.92 71983 XEROXFIN Xerox Corporation 03/14/2024 0.00 687.50 71984 USBANK U.S. Bank 03/19/2024 0.00 65,890.20
71985 13STARS 13 Stars Media 03/21/2024 0.00 1,124.02
71986 30360PUB 30 Three Sixty Public Finance, Inc. 03/21/2024 0.00 5,750.00 71987 4LEAF 4LEAF, Inc 03/21/2024 0.00 22,538.22
71988 ACCESS Access Information Intermediate Holdings LLC03/21/2024 0.00 3,023.10 71989 AKUVIK Vikram Akula 03/21/2024 0.00 30.00
71990 ALLKAR Karmel Allison 03/21/2024 0.00 30.00
71991 AMERGLOB American Global Security Inc 03/21/2024 0.00 3,150.00 71992 AMERGUAR American Guard Services, Inc 03/21/2024 0.00 2,775.42 71993 ARCIR ARC Imaging Resources 03/21/2024 0.00 3.60
71994 ARTTREK ART Trek, Inc 03/21/2024 0.00 175.00
71995 BADMET Badger Meter, Inc. 03/21/2024 0.00 40.04
71996 BOBHALL Robert Hall 03/21/2024 0.00 7,060.00
71997 BROWN&BR Brown & Brown Fence Co, Inc. 03/21/2024 0.00 13,328.55 71998 BUNVIR Virginia Bunetta 03/21/2024 0.00 30.00
71999 BURNS Burns Pacific Construction Inc 03/21/2024 0.00 286,624.46 72000 CALPERS CA Employees' Retirement System 03/21/2024 0.00 178,146.00 72001 CHAVEZV Victor Chavez 03/21/2024 0.00 500.00
72002 CONEJOA Conejo Awards 03/21/2024 0.00 35.96
72003 COOPERM Marsha Cooper 03/21/2024 0.00 550.00
72004 COPENOTE Cope Notes LLC 03/21/2024 0.00 24,976.00 72005 COTTON Cotton,Shires & Associates,Inc 03/21/2024 0.00 124,636.00 72006 CRPRINT CR PRINT 03/21/2024 0.00 1,560.38
72007 CSGCON CSG Consultants, Inc. 03/21/2024 0.00 15,842.50 72008 DANESHJ Jackline Yafai Daneshrad 03/21/2024 0.00 200.00 72009 DRIZZLEC Drizzle Co LLC 03/21/2024 0.00 1,050.00
72010 ENHANCED Landscape Development, Inc. 03/21/2024 0.00 4,553.00 72011 FASTDEER Fast Deer Bus Charter Inc. 03/21/2024 0.00 2,225.25 72012 FERCANOL Laura DeMieri Fercano 03/21/2024 0.00 340.00 72013 FLOKIA Kiara Flores 03/21/2024 0.00 500.00
72014 FOLKB Beverly Folkes 03/21/2024 0.00 500.00
72015 FRONTIER Frontier California Inc 03/21/2024 0.00 3,704.71 72016 GIINDUS G.I. Industries 03/21/2024 0.00 223.56
72017 GOMLUIS Luis Gomez 03/21/2024 0.00 2,500.00
72018 GONTHO Thomas Gonzales 03/21/2024 0.00 300.00
72019 GOVCONN GovConnection Inc 03/21/2024 0.00 1,522.40 72020 GROLIL Lillian Gromann 03/21/2024 0.00 30.00
72021 HALEPH Phillip Hale 03/21/2024 0.00 1,000.00
72022 HARTSEL Bob Harts Electric, Inc. 03/21/2024 0.00 2,279.39 72023 HASSNAT Nathan Hassall 03/21/2024 0.00 150.00
72024 HDL Hinderliter, de Llamas, & Assoc 03/21/2024 0.00 2,071.39 72025 HOUSERUS House R Us 03/21/2024 0.00 1,000.00
72026 IPC INC Integrated Performance Consultants Inc 03/21/2024 0.00 104,480.31 72027 iRIS Lorrie Feinberg 03/21/2024 0.00 13,398.75
72028 JLEEENG JLee Engineering, Inc. 03/21/2024 0.00 13,600.00 72029 JONSAR Sarah Jones 03/21/2024 0.00 240.00
72030 KERMAR Marylynne Kerman 03/21/2024 0.00 30.00
AP Checks by Date - Summary by Check Number (3/27/2024 8:36 AM) Page 2 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 72031 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/21/2024 0.00 75.00 72032 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/21/2024 0.00 75.00 72033 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/21/2024 0.00 75.00 72034 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/21/2024 0.00 75.00 72035 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/21/2024 0.00 75.00 72036 LACOCLE LA County Registrar-Recorder LA Co Clerk 03/21/2024 0.00 75.00 72037 LAMANITA Anita Lam 03/21/2024 0.00 150.00
72038 LASOLAR LA Solar Group Inc 03/21/2024 0.00 127.90 72039 LAWATERP Los Angeles Water Polo Club 03/21/2024 0.00 3,136.00 72040 LIGAY Jay Lightburne 03/21/2024 0.00 30.00
72041 LKJPPRO Lisa A. Burns 03/21/2024 0.00 7,250.00
72042 MALAQUA Malibu Aquatics Foundation 03/21/2024 0.00 5,276.25 72043 MANIMBI Mani MBI (DE) LLC 03/21/2024 0.00 326.60
72044 MANMIC Michael Anthony Manfredo 03/21/2024 0.00 240.00 72045 MASTERCO Master Cooling Corporation 03/21/2024 0.00 1,418.35 72046 MAUCK Kevin Mauch 03/21/2024 0.00 120.00
72047 MEANSRIC Ricardo P Means 03/21/2024 0.00 1,600.00 72048 MELLAU Lauren Melshenker 03/21/2024 0.00 30.00
72049 MERRICKJ Judy M. Merrick 03/21/2024 0.00 120.00
72050 MNS MNS Engineers, Inc. 03/21/2024 0.00 7,178.75
72051 MONAHAN Ann Monahan 03/21/2024 0.00 600.00
72052 MOSSER Mosser Plumbing & Heating Inc 03/21/2024 0.00 395.00 72053 MULLENRJ Richard D Mullen Jennifer S Ball-Mullen 03/21/2024 0.00 528.00 72054 NATIONA National Construction Rentals, Inc 03/21/2024 0.00 941.00 72055 PADLYL Lyla Padilla 03/21/2024 0.00 300.00
72056 PICORAN Randy Pico 03/21/2024 0.00 500.00
72057 PUGMAR Marissa Puget 03/21/2024 0.00 30.00
72058 QUADFIN Quadient Finance USA INC 03/21/2024 0.00 2,036.00 72059 QUINTO Quinto Consulting, LP 03/21/2024 0.00 11,000.00 72060 REGAJ Jolynn Regan 03/21/2024 0.00 2,400.00
72061 REGENCYL Regency Enterprises Inc 03/21/2024 0.00 104.19 72062 RIVERSI Riverside Rubber Stamp & Engraving 03/21/2024 0.00 271.73 72063 ROSENSHE Sheila Jean Rudich Rosenthal 03/21/2024 0.00 280.00 72064 SMASH Smash Athletics Inc 03/21/2024 0.00 1,292.97 72065 SOLIDWA Solid Waste Solutions, Inc. 03/21/2024 0.00 854.25 72066 SPECTRUM Charter Communications Holdings, LLC 03/21/2024 0.00 209.98 72067 STAPLES Staples Contract & Commercial LLC 03/21/2024 0.00 342.15 72068 TALBC Caitlin Talbot 03/21/2024 0.00 30.00
72069 TETRATE Tetra Tech Inc 03/21/2024 0.00 26,689.00
72070 TINJOH John Tindall 03/21/2024 0.00 60.00
72071 TOTALGRA Brian Shore 03/21/2024 0.00 722.70
72072 TRENCH Tom Malloy Corporation 03/21/2024 0.00 1,848.00 72073 TRUNORTH True North Compliance Services, Inc. 03/21/2024 0.00 93,164.42 72074 UNDERGR Underground Service Alert/SC 03/21/2024 0.00 173.82 72075 USBANK5 US Bank 03/21/2024 0.00 2,310.00
72076 VANDERJ Jerry Vandermeulen 03/21/2024 0.00 92.16
72077 VELASQU John Velasquez 03/21/2024 0.00 500.00
72078 VIAWEST Flexential Colorado Corp 03/21/2024 0.00 1,021.20 72079 VOILAU Lauren Voigt 03/21/2024 0.00 30.00
72080 WATREC Water Resources Economics 03/21/2024 0.00 8,114.69 72081 WATTSM Mike Watts 03/21/2024 0.00 1,000.00
72082 XEROXFIN Xerox Corporation 03/21/2024 0.00 519.20 72083 YEHASSOC Yeh and Associates Inc 03/21/2024 0.00 26,715.70 72084 YUNEX Siemens Mobility. Inc. 03/21/2024 0.00 606.00 AP Checks by Date - Summary by Check Number (3/27/2024 8:36 AM) Page 3 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Check No Vendor No Vendor Name Check Date Void Checks Check Amount Report Total (158 checks): 0.00 1,599,641.63
AP Checks by Date - Summary by Check Number (3/27/2024 8:36 AM) Page 4 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 User:
Printed: 03/27/2024 - 8:37AM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Checks from: 00071927 To: 00072084
Account Number Description Vendor Description Check No Amount Section 1: 100
Section 2:0000
100-0000-3133-00 Transient Occupancy Tax Mani MBI (DE) LLC Ref - Overpymt Malibu Beach Inn TOT Jan '24 72043 326.60 Vendor Subtotal for Section 2:0000 326.60
Section 2:0000
100-0000-3464-00 Youth Sports Program Fees Sarah Jones Reissue Ck#71093 Ref- Middle School Basketball 72029 240.00 Vendor Subtotal for Section 2:0000 240.00
Section 2:0000
100-0000-3466-00 Swim Use & Program Fee Anita Lam Reissue Ck# 71702 Ref- Sealions Swim Team 72037 150.00 Vendor Subtotal for Section 2:0000 150.00
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee John Tindall Ref - Sr Excursion Feb '24 (2) 72070 60.00 Vendor Subtotal for Section 2:0000 60.00
Section 2:0000
100-0000-3470-00 Community Classes Vikram Akula Ref - Music Together 2/7/24 71989 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 1 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount 100-0000-3470-00 Community Classes Karmel Allison Ref - Music Together 2/7/24 71990 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3470-00 Community Classes Virginia Bunetta Ref - Music Together 2/7/24 71998 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3470-00 Community Classes Lillian Gromann Ref - Music Together 2/7/24 72020 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3470-00 Community Classes Marylynne Kerman Ref - Music Together 2/7/24 72030 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3470-00 Community Classes Jay Lightburne Ref - Music Together 2/7/24 72040 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3470-00 Community Classes Lauren Melshenker Ref - Music Together 2/7/24 72048 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3470-00 Community Classes Marissa Puget Ref - Music Together 2/7/24 72057 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3470-00 Community Classes Caitlin Talbot Ref - Music Together 2/7/24 72068 30.00 Vendor Subtotal for Section 2:0000 30.00
Section 2:0000
100-0000-3470-00 Community Classes Lauren Voigt Ref - Music Together 2/7/24 72079 30.00 Vendor Subtotal for Section 2:0000 30.00
AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 2 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Section 2:3001
100-3001-5120-00 Street Maintenance Burns Pacific Construction Inc Task 1: Routine Maint- Feb '24 71999 12,228.58 100-3001-5120-00 Street Maintenance Burns Pacific Construction Inc Task 7: Yard Rental - Feb '24 71999 7,500.00 Vendor Subtotal for Section 2:3001 19,728.58
Section 2:3001
100-3001-5123-00 Storm Response Burns Pacific Construction Inc Task 4: Storm Response - Feb '24 71999 260,382.69 Vendor Subtotal for Section 2:3001 260,382.69
Section 2:3001
100-3001-5123-00 Storm Response Lisa A. Burns Disposal Fees - Feb '24 72041 7,250.00 Vendor Subtotal for Section 2:3001 7,250.00
Section 2:3001
100-3001-5124-00 Traffic Signal Maintenance Siemens Mobility. Inc. Traffic Signal Maint - Jan '24 72084 606.00 Vendor Subtotal for Section 2:3001 606.00
Section 2:3001
100-3001-5722-00 Electricity Southern California Edison Company Cross Creek Rd Ped - Jan '24 71972 13.57 100-3001-5722-00 Electricity Southern California Edison Company St Lighting - Jan '24 71972 3,140.74 100-3001-5722-00 Electricity Southern California Edison Company Traffic Control - Jan '24 71972 111.50 100-3001-5722-00 Electricity Southern California Edison Company Winter Cyn - Jan '24 71972 93.90 100-3001-5722-00 Electricity Southern California Edison Company Rambla Light - Jan '24 71972 28.09 100-3001-5722-00 Electricity Southern California Edison Company Broad Beach - Jan '24 71972 19.75 100-3001-5722-00 Electricity Southern California Edison Company Webb Way Signal - Jan '24 71972 191.12 Vendor Subtotal for Section 2:3001 3,598.67
Section 2:3001
100-3001-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - Bus Stop/Cross Creek - Mar '24 71946 2,521.31 Vendor Subtotal for Section 2:3001 2,521.31
AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 3 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Section 2:3001
100-3001-6160-00 Operating Supplies Burns Pacific Construction Inc Supplies - Feb '24 71999 6,034.51 100-3001-6160-00 Operating Supplies Burns Pacific Construction Inc Supplies - Feb '24 71999 478.68 Vendor Subtotal for Section 2:3001 6,513.19
Section 2:3001
100-3001-6160-00 Operating Supplies Underground Service Alert/SC Monthly Fee - Feb '24 72074 36.41 100-3001-6160-00 Operating Supplies Underground Service Alert/SC Dig Alerts - Feb '24 72074 101.00 100-3001-6160-00 Operating Supplies Underground Service Alert/SC Monthly Fee - Jan '24 72074 36.41 Vendor Subtotal for Section 2:3001 173.82
Section 2:3001
100-3001-6160-00 Operating Supplies U.S. Bank PW-9093 CVS - Supplies 71984 19.34 Vendor Subtotal for Section 2:3001 19.34
Section 2:3007
100-3007-5610-00 Fac Maintenance-Civic Center Integrated Performance Consultants Inc CCSTF Operation/Maint - Jan '24 71949 3,913.00 Vendor Subtotal for Section 2:3007 3,913.00
Section 2:3007
100-3007-5610-01 Fac Maintenance-Paradise Cove Integrated Performance Consultants Inc PCSTF Operation/Maint - Jan '24 71949 3,913.00 Vendor Subtotal for Section 2:3007 3,913.00
Section 2:3007
100-3007-5655-00 Stormwater Monitoring Integrated Performance Consultants Inc Remote Access Fee - Jan '24 71949 200.00 Vendor Subtotal for Section 2:3007 200.00
Section 2:3007
100-3007-5721-00 Telephone Frontier California Inc Phone - Civic Center STF - Mar '24 72015 158.97 AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 4 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3007 158.97
Section 2:3007
100-3007-5722-00 Electricity Southern California Edison Company CCSTF - Jan '24 71972 536.60 Vendor Subtotal for Section 2:3007 536.60
Section 2:3008
100-3008-5100-00 Professional Services American Guard Services, Inc Crossing Guard Program - Feb '24 71992 2,775.42 Vendor Subtotal for Section 2:3008 2,775.42
Section 2:3008
100-3008-5100-00 Professional Services Lorrie Feinberg Database Updates - Public Works - Feb '24 72027 33.75 Vendor Subtotal for Section 2:3008 33.75
Section 2:3008
100-3008-5100-00 Professional Services MNS Engineers, Inc. Task 13: City-Wide Easement Research Dec'23 71963 662.50 100-3008-5100-00 Professional Services MNS Engineers, Inc. Task 13/13.1: City Wide Easement Research Jan '24 72050 5,721.25 Vendor Subtotal for Section 2:3008 6,383.75
Section 2:3008
100-3008-5100-00 Professional Services Tripepi, Smith, & Associates Vacant Lot Community Outreach & Education 2/22/24 71977 5,452.50 Vendor Subtotal for Section 2:3008 5,452.50
Section 2:3008
100-3008-5125-00 Traffic Engineering Kimley-Horn and Associates Inc Task 10: Green Fleet Policy - Jan '24 71952 7,162.55 Vendor Subtotal for Section 2:3008 7,162.55
Section 2:3008
100-3008-6160-00 Operating Supplies U.S. Bank PW-9462 Amazon - Supplies 71984 202.07 Vendor Subtotal for Section 2:3008 202.07
AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 5 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Section 2:4001
100-4001-5401-00 Advertising & Noticing 13 Stars Media Ad - Youth Commission 3/7/24 71985 268.00 Vendor Subtotal for Section 2:4001 268.00
Section 2:4001
100-4001-5721-00 Telephone Frontier California Inc Phone - Bluffs Secondary Internet 2/15 - 3/14/24 71945 499.99 100-4001-5721-00 Telephone Frontier California Inc Phone - Charmlee Park - Mar '24 72015 136.89 Vendor Subtotal for Section 2:4001 636.88
Section 2:4001
100-4001-6160-00 Operating Supplies Conejo Awards Rec Coordinator Name Badge 72002 35.96 Vendor Subtotal for Section 2:4001 35.96
Section 2:4001
100-4001-6160-00 Operating Supplies Smash Athletics Inc CSD Staff Clothing/Gear 72064 1,241.35 Vendor Subtotal for Section 2:4001 1,241.35
Section 2:4001
100-4001-6160-00 Operating Supplies U.S. Bank CS-4743 General Rec - Supplies 71984 216.37 100-4001-6160-00 Operating Supplies U.S. Bank CS-1673 Ralphs - Snacks for Volunteer Work Day 71984 19.90 100-4001-6160-00 Operating Supplies U.S. Bank AS-2163 Blue Dog Ink - CS Plotter Paper 71984 125.74 100-4001-6160-00 Operating Supplies U.S. Bank CS-2169 Todoist - Monthly 71984 42.00 100-4001-6160-00 Operating Supplies U.S. Bank CS-7118 General Rec Supplies 71984 150.20 Vendor Subtotal for Section 2:4001 554.21
Section 2:4002
100-4002-5107-00 Contract Personnel Los Angeles Water Polo Club Instructor - Youth Water Polo 12/4/23 - 2/28/24 72039 3,136.00 Vendor Subtotal for Section 2:4002 3,136.00
Section 2:4002
100-4002-5107-00 Contract Personnel Malibu Aquatics Foundation Reissue CK#65279 Seawolves Team/Masters Feb '2272042 5,276.25 AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 6 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4002 5,276.25
Section 2:4002
100-4002-5330-00 Dues & Memberships U.S. Bank CS-7118 Aquatics Dues/Memberships 71984 4.00 Vendor Subtotal for Section 2:4002 4.00
Section 2:4002
100-4002-6160-00 Operating Supplies Brian Shore Banner - Pool Office Barricades 72071 722.70 Vendor Subtotal for Section 2:4002 722.70
Section 2:4002
100-4002-6160-00 Operating Supplies U.S. Bank CS-4743 NCSI - Background Checks 71984 55.50 100-4002-6160-00 Operating Supplies U.S. Bank CS-7118 Amazon/ULINE - Supplies 71984 1,003.90 Vendor Subtotal for Section 2:4002 1,059.40
Section 2:4003
100-4003-5401-00 Advertising & Noticing 13 Stars Media Ad - Agents of Discovery 2/15/24 71985 268.00 Vendor Subtotal for Section 2:4003 268.00
Section 2:4003
100-4003-5401-00 Advertising & Noticing U.S. Bank CS-1673 PeachJar - Agents of Discover Flyers 71984 50.00 Vendor Subtotal for Section 2:4003 50.00
Section 2:4003
100-4003-5721-00 Telephone U.S. Bank CS-1673 Satellite Phone Store - Charmlee Svc 71984 72.79 Vendor Subtotal for Section 2:4003 72.79
Section 2:4004
100-4004-6160-00 Operating Supplies U.S. Bank CS-7118 Amazon - Supplies 71984 98.95 AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 7 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4004 98.95
Section 2:4006
100-4006-5401-00 Advertising & Noticing U.S. Bank CS-4743 Canva - Monthly 71984 24.95 Vendor Subtotal for Section 2:4006 24.95
Section 2:4006
100-4006-6160-00 Operating Supplies U.S. Bank CS-4743 NCSI - Background Checks 71984 55.50 100-4006-6160-00 Operating Supplies U.S. Bank CS-7118 Ogden's Cleaners - Table Cloth Dry Cleaning 71984 149.67 Vendor Subtotal for Section 2:4006 205.17
Section 2:4007
100-4007-6160-00 Operating Supplies U.S. Bank CS-4743 Community Classes - Supplies 71984 250.00 Vendor Subtotal for Section 2:4007 250.00
Section 2:4008
100-4008-5107-00 Contract Personnel ART Trek, Inc Instructor - Art Trek Workshop - Feb '24 71994 175.00 Vendor Subtotal for Section 2:4008 175.00
Section 2:4008
100-4008-5107-00 Contract Personnel Marsha Cooper Instructor - Stretch & Strength - Feb '24 72003 550.00 Vendor Subtotal for Section 2:4008 550.00
Section 2:4008
100-4008-5107-00 Contract Personnel Jackline Yafai Daneshrad Instructor - Cardio Salsa & Stretch - Feb '24 72008 200.00 Vendor Subtotal for Section 2:4008 200.00
Section 2:4008
100-4008-5107-00 Contract Personnel Laura DeMieri Fercano Instructor - Choir - Feb '24 72012 340.00 Vendor Subtotal for Section 2:4008 340.00
AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 8 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Section 2:4008
100-4008-5107-00 Contract Personnel Michael Anthony Manfredo Instructor - Yoga - Feb '24 72044 240.00 Vendor Subtotal for Section 2:4008 240.00
Section 2:4008
100-4008-5107-00 Contract Personnel Judy M. Merrick Instructor - Relax Through Coloring - Feb '24 72049 120.00 Vendor Subtotal for Section 2:4008 120.00
Section 2:4008
100-4008-5107-00 Contract Personnel Ann Monahan Instructor - Pilates, Ballet, Jazz - Feb '24 72051 600.00 Vendor Subtotal for Section 2:4008 600.00
Section 2:4008
100-4008-5107-00 Contract Personnel Sheila Jean Rudich Rosenthal Instructor - Knitting - Feb '24 72063 280.00 Vendor Subtotal for Section 2:4008 280.00
Section 2:4008
100-4008-6160-00 Operating Supplies U.S. Bank CS-4743 EZ Cater Agoura - Sr Luncheon 1/25/24 71984 1,478.15 100-4008-6160-00 Operating Supplies U.S. Bank CS-7084 Sr Center Supplies 71984 2,704.22 Vendor Subtotal for Section 2:4008 4,182.37
Section 2:4008
100-4008-6176-00 Recreation Trip Admissions U.S. Bank CS-7084 Redondo Whale Watching Tickets 2/22/24 71984 248.40 Vendor Subtotal for Section 2:4008 248.40
Section 2:4010
100-4010-5100-00 Professional Services American Global Security Inc Las Flores - Security Svcs - Feb '24 71991 1,050.00 100-4010-5100-00 Professional Services American Global Security Inc Trancas - Security Svcs - Feb '24 71991 1,050.00 100-4010-5100-00 Professional Services American Global Security Inc Equestrian - Security Svcs - Feb '24 71991 1,050.00 Vendor Subtotal for Section 2:4010 3,150.00
AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 9 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Section 2:4010
100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Equestrian Park - Grading/Relocating Dirt 72010 3,000.00 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Cross Creek - Plant Installation 72010 1,553.00 Vendor Subtotal for Section 2:4010 4,553.00
Section 2:4010
100-4010-5130-00 Parks Maintenance U.S. Bank CS-2481 Joses Powder - Powder For Bluffs Trash Lids71984 155.25 Vendor Subtotal for Section 2:4010 155.25
Section 2:4010
100-4010-5610-00 Facility Maintenance House R Us Bluffs Park - MLC Roof Tarping 2/6/24 72025 1,000.00 Vendor Subtotal for Section 2:4010 1,000.00
Section 2:4010
100-4010-5610-00 Facility Maintenance Mosser Plumbing & Heating Inc Las Flores - Monthly Septic Maintenance - Feb '24 72052 120.00 100-4010-5610-00 Facility Maintenance Mosser Plumbing & Heating Inc Trancas - Monthly Septic Maintenance - Feb '24 72052 275.00 Vendor Subtotal for Section 2:4010 395.00
Section 2:4010
100-4010-5610-00 Facility Maintenance U.S. Bank CS-2481 ZenSupply - Door Stop for Bluffs MLC 71984 61.88 Vendor Subtotal for Section 2:4010 61.88
Section 2:4010
100-4010-5710-00 Facilities Lease/Rental National Construction Rentals, Inc Bluffs Park Portable Toilets 2/8 - 3/6/24 72054 941.00 Vendor Subtotal for Section 2:4010 941.00
Section 2:4010
100-4010-5721-00 Telephone Frontier California Inc Phone - Las Flores, Bluffs, Trancas - Mar '24 72015 550.20 100-4010-5721-00 Telephone Frontier California Inc Phone - 23641 PCH (median) - Mar '24 72015 60.99 Vendor Subtotal for Section 2:4010 611.19
AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 10 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Section 2:4010
100-4010-5722-00 Electricity Southern California Edison Company Community Svcs - Jan '24 71972 980.99 100-4010-5722-00 Electricity Southern California Edison Company Bluffs Park Lift Station - Jan '24 71972 98.34 100-4010-5722-00 Electricity Southern California Edison Company PCH Median - Jan '24 71972 15.16 100-4010-5722-00 Electricity Southern California Edison Company Rambla Pacifico - Jan '24 71972 15.88 Vendor Subtotal for Section 2:4010 1,110.37
Section 2:4010
100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Las Flores 12/13/23 - 2/13/24 Acct#29142887 71958 188.64 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Las Flores 12/13/23 - 2/13/24 Acct#29142869 71958 94.32 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Las Flores Rambla 12/13/23 - 2/13/24 Acct#29143394 71958 188.64 Vendor Subtotal for Section 2:4010 471.60
Section 2:4010
100-4010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - Bluffs/Equestrian - Mar '24 71946 689.59 100-4010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - Charmlee Park - Mar '24 71946 249.70 Vendor Subtotal for Section 2:4010 939.29
Section 2:4010
100-4010-6160-00 Operating Supplies U.S. Bank CS-1673 EpicLA - Fire Dept Developer Fee, Charmlee Shed 71984 363.04 Vendor Subtotal for Section 2:4010 363.04
Section 2:4010
100-4010-6400-00 Clothing & Emergency Gear Smash Athletics Inc Sr Parks Maint Worker Clothing/Gear 72064 51.62 Vendor Subtotal for Section 2:4010 51.62
Section 2:4010
100-4010-7300-00 Leasehold Improvements Brown & Brown Fence Co, Inc. Ioki Lot Fence Repairs 71997 13,328.55 Vendor Subtotal for Section 2:4010 13,328.55
AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 11 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Section 2:4011
100-4011-5107-00 Contract Personnel Victor Chavez 2024 Chumash Day - Arena Director 72001 500.00 Vendor Subtotal for Section 2:4011 500.00
Section 2:4011
100-4011-5107-00 Contract Personnel Kiara Flores 2024 Chumash Day - Head Woman 72013 500.00 Vendor Subtotal for Section 2:4011 500.00
Section 2:4011
100-4011-5107-00 Contract Personnel Beverly Folkes 2024 Chumash Day - Spiritual Advisor 72014 500.00 Vendor Subtotal for Section 2:4011 500.00
Section 2:4011
100-4011-5107-00 Contract Personnel Luis Gomez 2024 Chumash Day - Audio Tech/Sound Svcs 72017 2,500.00 Vendor Subtotal for Section 2:4011 2,500.00
Section 2:4011
100-4011-5107-00 Contract Personnel Thomas Gonzales 2024 Chumash Day - Head Young Boy 72018 300.00 Vendor Subtotal for Section 2:4011 300.00
Section 2:4011
100-4011-5107-00 Contract Personnel Phillip Hale 2024 Chumash Day - Host Southern Drums 72021 1,000.00 Vendor Subtotal for Section 2:4011 1,000.00
Section 2:4011
100-4011-5107-00 Contract Personnel Lyla Padilla 2024 Chumash Day - Head Young Girl 72055 300.00 Vendor Subtotal for Section 2:4011 300.00
Section 2:4011
100-4011-5107-00 Contract Personnel Randy Pico 2024 Chumash Day - Announcer 72056 500.00 Vendor Subtotal for Section 2:4011 500.00
Section 2:4011
100-4011-5107-00 Contract Personnel John Velasquez 2024 Chumash Day - Head Man 72077 500.00 AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 12 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4011 500.00
Section 2:4011
100-4011-5107-00 Contract Personnel Mike Watts 2024 Chumash Day - Host Northern Drums 72081 1,000.00 Vendor Subtotal for Section 2:4011 1,000.00
Section 2:4011
100-4011-6160-00 Operating Supplies Drizzle Co LLC 2024 Chumash Day - Food Truck 72009 1,050.00 Vendor Subtotal for Section 2:4011 1,050.00
Section 2:4011
100-4011-6160-00 Operating Supplies U.S. Bank CS-4743 Special Events Supplies 71984 3,148.27 100-4011-6160-00 Operating Supplies U.S. Bank CS-7084 Amazon - Supplies 71984 73.61 100-4011-6160-00 Operating Supplies U.S. Bank CS-1673 Malibu Feed Bin - Straw Bale Rental for Chumash Day 71984 1,563.34 Vendor Subtotal for Section 2:4011 4,785.22
Section 2:4012
100-4012-5107-00 Contract Personnel Nathan Hassall The Ripple Effect Poetry Workshop 2/24/24 72023 150.00 Vendor Subtotal for Section 2:4012 150.00
Section 2:4012
100-4012-5107-00 Contract Personnel Ricardo P Means Arts in Education Poetry Workshop Feb '24 72047 800.00 100-4012-5107-00 Contract Personnel Ricardo P Means Arts in Education Poetry Workshop Jan '24 72047 800.00 Vendor Subtotal for Section 2:4012 1,600.00
Section 2:4012
100-4012-5107-00 Contract Personnel Jolynn Regan Arts in Education Poertry Workshop - Jan '24 72060 800.00 100-4012-5107-00 Contract Personnel Jolynn Regan Arts in Education Poertry Workshop - Feb '24 72060 1,600.00 Vendor Subtotal for Section 2:4012 2,400.00
Section 2:4012
100-4012-5401-00 Advertising & Noticing 13 Stars Media Ad - Poetry Broadsides 2/15/24 71985 268.00 AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 13 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4012 268.00
Section 2:4012
100-4012-6160-00 Operating Supplies U.S. Bank CS-7084 Malibu Arts Supplies 71984 154.01 Vendor Subtotal for Section 2:4012 154.01
Section 2:7001
100-7001-5100-00 Professional Services STLR Corporation School District Separation 12/1/23 - 1/31/24 71970 22,037.50 Vendor Subtotal for Section 2:7001 22,037.50
Section 2:7001
100-7001-5300-00 Travel and Training California Contract Cities Association LA County Local Advocacy Day 3/28/24 M. Riggins 71941 60.00 100-7001-5300-00 Travel and Training California Contract Cities Association Annual Municipal Seminar May '24 M. Riggins 71941 875.00 Vendor Subtotal for Section 2:7001 935.00
Section 2:7001
100-7001-5300-00 Travel and Training U.S. Bank CM-5601 League of CA Cities - Leadership Summit 71984 1,792.93 Vendor Subtotal for Section 2:7001 1,792.93
Section 2:7001
100-7001-6160-00 Operating Supplies U.S. Bank CM-5601 Ollo - Closed Session Dinner 2/12/24 71984 183.13 Vendor Subtotal for Section 2:7001 183.13
Section 2:7002
100-7002-5100-00 Professional Services MAP Communications, Inc. Live Telephone Answering Svc - Mar '24 71935 291.71 Vendor Subtotal for Section 2:7002 291.71
Section 2:7002
100-7002-5100-00 Professional Services Azur CART & Captioning Remote Closed Captioning Svcs - Feb '24 71937 1,683.00 AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 14 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7002 1,683.00
Section 2:7002
100-7002-5100-00 Professional Services Robert Michael Schwieger Broadcast Svcs - Feb '24 71965 6,990.00 Vendor Subtotal for Section 2:7002 6,990.00
Section 2:7002
100-7002-5401-00 Advertising & Noticing U.S. Bank CM-0074 Facebook - Ads for City Msgs 71984 355.66 Vendor Subtotal for Section 2:7002 355.66
Section 2:7002
100-7002-5405-00 Printing CR PRINT Minimum Wage Postcard Mailer 71944 646.33 Vendor Subtotal for Section 2:7002 646.33
Section 2:7002
100-7002-6160-00 Operating Supplies U.S. Bank CM-0074 Target - Contested Charge 71984 79.74 Vendor Subtotal for Section 2:7002 79.74
Section 2:7002
100-7002-6170-00 Events U.S. Bank CM-0074 Ralphs - Food for City Event 71984 90.78 Vendor Subtotal for Section 2:7002 90.78
Section 2:7002
100-7002-7800-00 Other Equipment Western A/V Access Card Installation Equipment 71981 49,137.00 Vendor Subtotal for Section 2:7002 49,137.00
Section 2:7003
100-7003-5100-00 Professional Services Dr. Michael D Matthews SMMUSD Separation - Feb '24 71962 3,315.00 AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 15 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7003 3,315.00
Section 2:7003
100-7003-5105-00 Grant Consultant Townsend Public Affairs Inc Grant Writing Svcs - Mar '24 71976 6,500.00 Vendor Subtotal for Section 2:7003 6,500.00
Section 2:7003
100-7003-5300-00 Travel and Training U.S. Bank CM-5414 League - City Mgrs Conference 2/6 - 2/9/24 71984 844.33 100-7003-5300-00 Travel and Training U.S. Bank CM-5601 LOEWS Hotel - City Mgrs Conference 71984 646.20 Vendor Subtotal for Section 2:7003 1,490.53
Section 2:7003
100-7003-5330-00 Dues & Memberships U.S. Bank CM-5601 CCMF - Annual Dues 71984 400.00 Vendor Subtotal for Section 2:7003 400.00
Section 2:7007
100-7007-5100-00 Professional Services U.S. Bank CC-2343 Dropbox - Feb '24 71984 54.00 Vendor Subtotal for Section 2:7007 54.00
Section 2:7007
100-7007-5300-00 Travel and Training U.S. Bank CC-2343 IIMC - Webinar C. Munoz 71984 60.00 Vendor Subtotal for Section 2:7007 60.00
Section 2:7007
100-7007-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Ordinance 515 2/15/24 71932 52.02 100-7007-5401-00 Advertising & Noticing 13 Stars Media Ad - Min Wage in Malibu 2/15/24 71985 268.00 100-7007-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Ordinance 515 3/7/24 71985 52.02 Vendor Subtotal for Section 2:7007 372.04
AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 16 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Section 2:7021
100-7021-5100-00 Professional Services Kevin Mauch Parking Citation Hearing Officer - Mar '24 72046 120.00 Vendor Subtotal for Section 2:7021 120.00
Section 2:7021
100-7021-5300-00 Travel and Training U.S. Bank PS-9005 Fire Chiefs Conference Mar '24 71984 2,387.88 100-7021-5300-00 Travel and Training U.S. Bank PS-4095 National League of Cities - Conference S. Duenas 71984 1,051.20 Vendor Subtotal for Section 2:7021 3,439.08
Section 2:7021
100-7021-5640-00 Equipment Maintenance Southern California Edison Company Tier - Jan '24 71972 125.76 Vendor Subtotal for Section 2:7021 125.76
Section 2:7021
100-7021-5721-00 Telephone Frontier California Inc Phone - Disaster, Tier, E911 - Mar '24 72015 363.35 Vendor Subtotal for Section 2:7021 363.35
Section 2:7021
100-7021-5721-00 Telephone Mackay Communications Inc Satellite Phone Service (2) 10/6/23 - 10/5/24 71959 948.60 Vendor Subtotal for Section 2:7021 948.60
Section 2:7021
100-7021-5721-00 Telephone Remote Satellite Systems Int'l Satellite Phones - Apr '24 71967 255.80 Vendor Subtotal for Section 2:7021 255.80
Section 2:7021
100-7021-5721-00 Telephone U.S. Bank IS-4175 Starlink/DirectTV for Public Safety 71984 690.98 Vendor Subtotal for Section 2:7021 690.98
Section 2:7021
AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 17 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount 100-7021-6160-00 Operating Supplies Coastal Design Build Group Inc KBUU Booster Permit - 24250 CA-1 Malibu CA 71975 243.75 Vendor Subtotal for Section 2:7021 243.75
Section 2:7021
100-7021-6160-00 Operating Supplies U.S. Bank PS-9005 Operating Supplies 71984 2,847.29 100-7021-6160-00 Operating Supplies U.S. Bank AS-2163 DirectTV - EOC TV Feb '24 (Account Closed) 71984 101.66 100-7021-6160-00 Operating Supplies U.S. Bank PS-4213 Anawalt/Vigilant Solutions - Supplies 71984 1,330.83 Vendor Subtotal for Section 2:7021 4,279.78
Section 2:7021
100-7021-6160-00 Operating Supplies Jerry Vandermeulen Reimb- Harbor Freight/Costco Supplies 72076 92.16 Vendor Subtotal for Section 2:7021 92.16
Section 2:7021
100-7021-6160-01 VOP Operating Supplies U.S. Bank PS-4095 FormAssembly - VOP Portal Annual Renewal 71984 528.66 Vendor Subtotal for Section 2:7021 528.66
Section 2:7054
100-7054-5100-00 Professional Services Governmental Financial Service CPA Svcs - Single Audit/WF Interest - Feb '24 71947 910.00 Vendor Subtotal for Section 2:7054 910.00
Section 2:7054
100-7054-5100-00 Professional Services Hinderliter, de Llamas, & Assoc Sales Tax Mgmt/Audit Svcs - Q3/2023 (Jan-Mar'24) 72024 1,471.39 100-7054-5100-00 Professional Services Hinderliter, de Llamas, & Assoc Transaction Tax Svcs Q3/2023 (Jan-Mar '24) 72024 600.00 Vendor Subtotal for Section 2:7054 2,071.39
Section 2:7054
100-7054-5100-00 Professional Services Lorrie Feinberg Database Updates - Finance - Feb '24 72027 236.25 Vendor Subtotal for Section 2:7054 236.25
Section 2:7054
100-7054-5100-01 City Treasurer Quinto Consulting, LP City Treasurer Svcs - Oct '23 72059 2,200.00 AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 18 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount 100-7054-5100-01 City Treasurer Quinto Consulting, LP City Treasurer Svcs - Nov'23 to Feb '24 72059 8,800.00 Vendor Subtotal for Section 2:7054 11,000.00
Section 2:7054
100-7054-5117-00 Film Permit Consultant Frontier California Inc Phone - Film Fax - Mar '24 72015 34.41 Vendor Subtotal for Section 2:7054 34.41
Section 2:7054
100-7054-5117-00 Film Permit Consultant Solid Waste Solutions, Inc. Film Permits - Feb '24 71973 36,040.39 Vendor Subtotal for Section 2:7054 36,040.39
Section 2:7054
100-7054-5300-00 Travel and Training U.S. Bank AS-5448 Cal ICMA - Networking Dinner Feb '24 71984 60.00 Vendor Subtotal for Section 2:7054 60.00
Section 2:7054
100-7054-5330-00 Dues & Memberships U.S. Bank AS-5448 MMASC - 2024 Membership 71984 125.00 Vendor Subtotal for Section 2:7054 125.00
Section 2:7054
100-7054-5405-00 Printing CR PRINT City of Malibu - ACFR 2024 72006 1,560.38 Vendor Subtotal for Section 2:7054 1,560.38
Section 2:7054
100-7054-6160-00 Operating Supplies Riverside Rubber Stamp & Engraving FEMA/CalOES Tracking Stamps 72062 271.73 Vendor Subtotal for Section 2:7054 271.73
Section 2:7054
100-7054-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Finance 71974 12.61 100-7054-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Finance 72067 6.47 AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 19 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7054 19.08
Section 2:7054
100-7054-6160-00 Operating Supplies U.S. Bank AS-2163 Amazon - Petty Cash Lockbox 71984 51.35 100-7054-6160-00 Operating Supplies U.S. Bank AS-7465 Ergonomics Supplies for Accounting Tech 71984 997.35 Vendor Subtotal for Section 2:7054 1,048.70
Section 2:7058
100-7058-5100-00 Professional Services Cope Notes LLC Cope Notes Package 4/1/24 - 3/31/26 72004 24,976.00 Vendor Subtotal for Section 2:7058 24,976.00
Section 2:7058
100-7058-5100-00 Professional Services Gallagher Benefit Services, Inc. Class and Comp Study - Jan '24 71953 17,850.00 Vendor Subtotal for Section 2:7058 17,850.00
Section 2:7058
100-7058-5300-00 Travel and Training U.S. Bank HR-5582 Training 71984 174.00 Vendor Subtotal for Section 2:7058 174.00
Section 2:7058
100-7058-5320-00 Recruitment Expense Robert Hall HR Recruitment Svcs - Milestone #3 71996 7,060.00 Vendor Subtotal for Section 2:7058 7,060.00
Section 2:7058
100-7058-5320-00 Recruitment Expense U.S. Bank CS-7118 CSUCI - Career Fair Fees 2/17/24 71984 333.61 100-7058-5320-00 Recruitment Expense U.S. Bank HR-5582 Recruitment Expense 71984 191.11 100-7058-5320-00 Recruitment Expense U.S. Bank CM-0074 LinkedIn - Recruitment Ads 71984 164.34 100-7058-5320-00 Recruitment Expense U.S. Bank PW-8679 Zinque - Interview Panel Lunch 1/23/24 71984 80.85 Vendor Subtotal for Section 2:7058 769.91
Section 2:7058
AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 20 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount 100-7058-6160-00 Operating Supplies California Chamber of Commerce 2024 CA Labor Law Prints - CID125485 71940 330.51 Vendor Subtotal for Section 2:7058 330.51
Section 2:7058
100-7058-6170-00 Events U.S. Bank AS-2163 Amazon - Employee Relations Event Supplies 71984 76.29 100-7058-6170-00 Events U.S. Bank CS-7084 HR Events 71984 584.49 Vendor Subtotal for Section 2:7058 660.78
Section 2:7059
100-7059-4217-00 Other Post Employment Benefits CA Employees' Retirement System FY 23/24 GASB 75 - CalPERS OPEB Contributions - ADC 72000 178,146.00 Vendor Subtotal for Section 2:7059 178,146.00
Section 2:7059
100-7059-5205-00 Postage Quadient Finance USA INC Postage Meter - Mar '24 72058 2,000.00 Vendor Subtotal for Section 2:7059 2,000.00
Section 2:7059
100-7059-5210-00 Service Fees & Charges Quadient Finance USA INC Postage Meter - Annual Fee 72058 36.00 Vendor Subtotal for Section 2:7059 36.00
Section 2:7059
100-7059-5640-00 Equipment Maintenance ARC Imaging Resources HP Pagewide XL4100MFP Meter Read 1/26 - 2/26/24 71993 3.60 Vendor Subtotal for Section 2:7059 3.60
Section 2:7059
100-7059-5640-00 Equipment Maintenance U.S. Bank IS-4175 Amazon - Equipment Maint 71984 26.74 Vendor Subtotal for Section 2:7059 26.74
Section 2:7059
AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 21 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount 100-7059-5720-00 Offsite Storage Access Information Intermediate Holdings LLC2024 Offsite Records Svcs - Jan 71933 2,174.32 100-7059-5720-00 Offsite Storage Access Information Intermediate Holdings LLC2024 Offsite Records Services - Mar 71988 3,023.10 Vendor Subtotal for Section 2:7059 5,197.42
Section 2:7059
100-7059-5721-00 Telephone Frontier California Inc Phone - City Hall Fac, Cable, Teleconference - Mar '24 72015 515.57 100-7059-5721-00 Telephone Frontier California Inc Phone - Annex Fax Ln - Mar '24 72015 60.99 Vendor Subtotal for Section 2:7059 576.56
Section 2:7059
100-7059-5721-00 Telephone Verizon Wireless Services LLC Cell Phone Svcs 1/24 - 2/23/24 71980 4,204.47 Vendor Subtotal for Section 2:7059 4,204.47
Section 2:7059
100-7059-5800-00 Equipment Leases Xerox Corporation Xerox Lease - B8170 2/22 - 3/21/24 71983 687.50 100-7059-5800-00 Equipment Leases Xerox Corporation Xerox Lease - C8155 2/22 - 3/21/24 72082 519.20 Vendor Subtotal for Section 2:7059 1,206.70
Section 2:7059
100-7059-6160-00 Operating Supplies CR PRINT Business Cards - City Staff 71944 770.34 Vendor Subtotal for Section 2:7059 770.34
Section 2:7059
100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Non Departmental 72067 117.87 100-7059-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Toner 72067 111.08 Vendor Subtotal for Section 2:7059 228.95
Section 2:7059
100-7059-6160-00 Operating Supplies U.S. Bank IS-4175 Brother - Printer Toner 71984 51.69 Vendor Subtotal for Section 2:7059 51.69
AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 22 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 100 803,730.48
Section 1: 101
Section 2:0000
101-0000-3412-00 Geo Soils Engineering Fees Richard D Mullen Jennifer S Ball-Mullen Ref- Geotech Review APR 23-066, 6003 Zumirez 72053 528.00 Vendor Subtotal for Section 2:0000 528.00
Section 2:0000
101-0000-3419-00 Credit Card Fees LA Solar Group Inc Ref - Credit Card Fee 72038 3.90 Vendor Subtotal for Section 2:0000 3.90
Section 2:0000
101-0000-3421-00 Planning Review Fees LA Solar Group Inc Ref - Solar Panel Fees OCRM 24-012, 6362 Sea Star Dr 72038 124.00 Vendor Subtotal for Section 2:0000 124.00
Section 2:2001
101-2001-5100-00 Professional Services Civic Solutions, Inc Contract Planning Svcs 2/1 - 2/25/24 71942 5,550.00 101-2001-5100-00 Professional Services Civic Solutions, Inc Contract Planning Svcs 2/26 - 2/29/24 71942 5,430.00 Vendor Subtotal for Section 2:2001 10,980.00
Section 2:2001
101-2001-5100-00 Professional Services Joseph D Smith Planning Svcs - Feb '24 71943 32,623.00 Vendor Subtotal for Section 2:2001 32,623.00
Section 2:2001
101-2001-5100-00 Professional Services CSG Consultants, Inc. Planning Consultant Svcs 1/27 - 2/23/24 72007 15,842.50 Vendor Subtotal for Section 2:2001 15,842.50
Section 2:2001
101-2001-5100-00 Professional Services Lorrie Feinberg Database Updates - Planning - Leap ADU Grant - Feb '24 72027 2,700.00 101-2001-5100-00 Professional Services Lorrie Feinberg Database Updates - Planning - Feb '24 72027 776.25 AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 23 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2001 3,476.25
Section 2:2001
101-2001-5100-00 Professional Services JLee Engineering, Inc. Contract Planner - Jan '24 71951 11,560.00 101-2001-5100-00 Professional Services JLee Engineering, Inc. Contract Planner - Feb '24 72028 13,600.00 Vendor Subtotal for Section 2:2001 25,160.00
Section 2:2001
101-2001-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff - Planning Admin 2/23/24 71934 1,903.86 101-2001-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff - Planning Admin 2/16/24 71934 2,417.60 101-2001-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff - Planning Admin 2/9/24 71934 1,934.08 101-2001-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff - Planning Admin 2/23/24 71934 1,528.80 101-2001-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff - Planning Admin 3/1/24 71934 910.00 Vendor Subtotal for Section 2:2001 8,694.34
Section 2:2001
101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 6539 Wandermere Rd - APR 22-001 71955 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 6740 Wildlife Rd - CDP 22-049 71956 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 22313 Carbon Mesa Rd - APR 23-054 72031 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 30506 Morning View Dr - APR 21-036 72032 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 31506 Broad Beach Rd - APR 23-070 72033 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 5837 Murphy Way - APRWF 23-017 72034 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 6003 Zumirez Dr - APR 23-066 72035 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 6506 Westward Beach Rd - APR 23-039 72036 75.00 Vendor Subtotal for Section 2:2001 600.00
Section 2:2001
101-2001-5300-00 Travel and Training Raneika Brooks Reimb- APA Course & Passport 71939 163.62 Vendor Subtotal for Section 2:2001 163.62
Section 2:2001
101-2001-5330-00 Dues & Memberships U.S. Bank PL-5265 Zoom - Monthly 71984 16.71 AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 24 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2001 16.71
Section 2:2001
101-2001-5340-00 Transportation & Mileage Raneika Brooks Mileage- SMMUSD Meetings Rountrip 2/22 & 3/5/24 71939 24.66 Vendor Subtotal for Section 2:2001 24.66
Section 2:2001
101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings 71944 557.25 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - 24250 PCH 71944 171.08 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - 22521.5 PCH Re-Notice 71944 224.25 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings 71944 267.64 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - 3556 Sweetwater Mesa 71944 155.63 Vendor Subtotal for Section 2:2001 1,375.85
Section 2:2004
101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Coastal Reviews - Feb '24 72005 7,904.00 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Geotech Reviews - Feb '24 72005 34,297.37 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc EH Counter Hours - Feb '24 72005 4,523.50 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Geotech Review - CalTrans - Feb '24 72005 2,357.00 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc B&S Task - Feb '24 72005 13,967.50 101-2004-5100-00 Professional Services Cotton,Shires & Associates,Inc Geology/Coastal Engr Counter Hours - Feb '24 72005 15,262.50 Vendor Subtotal for Section 2:2004 78,311.87
Section 2:2004
101-2004-5100-00 Professional Services Lorrie Feinberg Database Updates - Building Safety - Feb '24 72027 9,618.75 Vendor Subtotal for Section 2:2004 9,618.75
Section 2:2004
101-2004-5100-00 Professional Services True North Compliance Services, Inc. Plan Review - In-House Plans Examiner - Feb '24 72073 2,660.00 101-2004-5100-00 Professional Services True North Compliance Services, Inc. Plan Review - In-House Inspector - Feb '24 72073 5,440.00 101-2004-5100-00 Professional Services True North Compliance Services, Inc. Plan Review - Feb '24 72073 62,124.96 Vendor Subtotal for Section 2:2004 70,224.96
AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 25 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Section 2:2004
101-2004-5100-00 Professional Services Bureau Veritas North America, Inc. Plan Check - Feb '24 71979 5,670.00 Vendor Subtotal for Section 2:2004 5,670.00
Section 2:2004
101-2004-5107-00 Contract Personnel AppleOne Temporary Staff - Office Assistant 2/24/24 71936 1,007.29 101-2004-5107-00 Contract Personnel AppleOne Temporary Staff - Office Assistant 2/10/24 71936 1,158.08 101-2004-5107-00 Contract Personnel AppleOne Temporary Staff - Office Assistant 2/17/24 71936 1,447.60 Vendor Subtotal for Section 2:2004 3,612.97
Section 2:2004
101-2004-5300-00 Travel and Training U.S. Bank ESD-9405 MPP Chamber of Commerce - 2024 Award Lunch 71984 180.00 101-2004-5300-00 Travel and Training U.S. Bank ESD-7736 ICC/Aurora - Online Class/Training 71984 687.00 Vendor Subtotal for Section 2:2004 867.00
Section 2:2004
101-2004-5330-00 Dues & Memberships U.S. Bank ESD-7736 CALBO - Membership Y. Bundy 71984 245.00 Vendor Subtotal for Section 2:2004 245.00
Section 2:2004
101-2004-5401-00 Advertising & Noticing CR PRINT E3 Postcard Mailer 71944 1,138.62 Vendor Subtotal for Section 2:2004 1,138.62
Section 2:2004
101-2004-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Bldg Safety 72067 106.73 Vendor Subtotal for Section 2:2004 106.73
Section 2:2010
101-2010-5100-00 Professional Services Cotton,Shires & Associates,Inc EH Reviews - Feb '24 72005 15,318.00 AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 26 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2010 15,318.00
Section 2:2010
101-2010-5100-00 Professional Services Lorrie Feinberg Database Updates - Wastewater (EH) - Feb '24 72027 33.75 Vendor Subtotal for Section 2:2010 33.75
Section 2:2012
101-2012-5300-00 Travel and Training Jesse Rodriguez Reimb- Code Enf Class Registration 71968 83.20 Vendor Subtotal for Section 2:2012 83.20
Section 2:2012
101-2012-5340-00 Transportation & Mileage Jesse Rodriguez Reimb- Roundtrip to Santigo Community College 71968 416.07 Vendor Subtotal for Section 2:2012 416.07
Section 2:3003
101-3003-5100-02 CIMP Tetra Tech Inc CIMP Monitoring 12/30/23 - 1/26/24 72069 26,689.00 Vendor Subtotal for Section 2:3003 26,689.00
Subtotal for Section 1: 101 311,948.75
Section 1: 102
Section 2:3002
102-3002-5100-02 Fire Rebuilds - Planning 4LEAF, Inc Woolsey Fire Contract Planner - Feb '24 71987 22,538.22 Vendor Subtotal for Section 2:3002 22,538.22
Section 2:3002
102-3002-5100-02 Fire Rebuilds - Planning Lorrie Feinberg Database Updates - Woolsey Fire - Feb '24 71950 67.50 Vendor Subtotal for Section 2:3002 67.50
AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 27 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Section 2:3002
102-3002-5100-03 Fire Rebuilds - ESD Cotton,Shires & Associates,Inc EH Reviews - Woolsey Fire - Feb '24 72005 6,434.00 102-3002-5100-03 Fire Rebuilds - ESD Cotton,Shires & Associates,Inc Woolsey Fire - Counter Hours - Feb '24 72005 6,162.00 102-3002-5100-03 Fire Rebuilds - ESD Cotton,Shires & Associates,Inc Woolsey Fire - Geotech Review - Feb '24 72005 18,410.13 Vendor Subtotal for Section 2:3002 31,006.13
Section 2:3002
102-3002-5100-03 Fire Rebuilds - ESD True North Compliance Services, Inc. Woolsey Fire Rebuild Plan Reviews - Feb '24 72073 22,939.46 Vendor Subtotal for Section 2:3002 22,939.46
Section 2:9207
102-9207-5100-00 Latigo Canyon Rdway/Retaining Tom Malloy Corporation Temp Shoring Plates 2/1 - 2/28/24 72072 1,848.00 Vendor Subtotal for Section 2:9207 1,848.00
Subtotal for Section 1: 102 78,399.31
Section 1: 103
Section 2:9050
103-9050-5100-00 Professional Services Master Cooling Corporation City Hall HVAC Maint - Mar '24 71961 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 - Mar '24 71978 4,350.00 Vendor Subtotal for Section 2:9050 4,350.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance G.I. Industries Garbage - City Hall Green Waste - Mar '24 71946 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 - Main Breaker Refurbishment 71948 19,351.13 103-9050-5610-00 Facilities Maintenance Bob Harts Electric, Inc. City Hall - Troubleshoot Main Breaker 71948 463.75 AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 28 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount 103-9050-5610-00 Facilities Maintenance Bob Harts Electric, Inc. City Hall - ID Electric Panels for Gen Backup 72022 862.50 103-9050-5610-00 Facilities Maintenance Bob Harts Electric, Inc. City Hall - Breaker Replacement 72022 1,416.89 Vendor Subtotal for Section 2:9050 22,094.27
Section 2:9050
103-9050-5610-00 Facilities Maintenance Master Cooling Corporation City Hall HVAC Repair 72045 720.00 103-9050-5610-00 Facilities Maintenance Master Cooling Corporation City Hall HVAC Repairs AC 2.1 72045 680.00 103-9050-5610-00 Facilities Maintenance Master Cooling Corporation City Hall HVAC Filters 72045 18.35 Vendor Subtotal for Section 2:9050 1,418.35
Section 2:9050
103-9050-5610-00 Facilities Maintenance Regency Enterprises Inc Pin Lamps 71966 357.36 103-9050-5610-00 Facilities Maintenance Regency Enterprises Inc City Hall - T12 Lamps 72061 104.19 Vendor Subtotal for Section 2:9050 461.55
Section 2:9050
103-9050-5610-00 Facilities Maintenance U.S. Bank AS-7465 Amazon/DIY - Fac Maint 71984 978.11 Vendor Subtotal for Section 2:9050 978.11
Section 2:9050
103-9050-5721-00 Telephone Frontier California Inc Phone - City Hall Septic, Irrigation, Fire, Elevator - Mar '24 72015 351.21 Vendor Subtotal for Section 2:9050 351.21
Section 2:9050
103-9050-5722-00 Electricity Southern California Edison Company City Hall - Jan '24 71972 8,198.74 Vendor Subtotal for Section 2:9050 8,198.74
Section 2:9050
103-9050-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - City Hall 1/4 - 3/6/24 Acct#29153093 71958 566.78 103-9050-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - City Hall Fireline 1/4 - 3/6/24 Acct#29153012 71958 467.91 Vendor Subtotal for Section 2:9050 1,034.69
AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 29 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Section 2:9050
103-9050-6300-00 Tools & Minor Equipment U.S. Bank AS-7465 Amazon - Impact Driver 71984 29.59 Vendor Subtotal for Section 2:9050 29.59
Subtotal for Section 1: 103 41,003.64
Section 1: 203
Section 2:3009
203-3009-5145-00 Dial A Ride Services U.S. Bank CS-4743 4Imprint - Dial-A-Ride Promotional Items 71984 3,081.26 Vendor Subtotal for Section 2:3009 3,081.26
Section 2:3009
203-3009-5148-00 Special Event Rec Transit Fast Deer Bus Charter Inc. Sr Excursion Bus - Redondo Beach Whale Watching 2/22/24 72011 2,225.25 Vendor Subtotal for Section 2:3009 2,225.25
Subtotal for Section 1: 203 5,306.51
Section 1: 207
Section 2:3004
207-3004-5100-00 Professional Services Solid Waste Solutions, Inc. Solid Waste Consultant - Hauler Permits/AB 939 - Feb '24 72065 506.00 Vendor Subtotal for Section 2:3004 506.00
Section 2:3004
207-3004-5401-00 Advertising & Noticing Planck LLC ESD Ads 4/1 - 6/1/24 71964 625.00 Vendor Subtotal for Section 2:3004 625.00
Section 2:3004
207-3004-5850-00 Recycling supplies Planck LLC CalRecycle Grant - Beverage Container Ads 4/1 - 6/1/247196 3,125.00 AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 30 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3004 3,125.00
Section 2:3004
207-3004-5850-00 Recycling supplies Solid Waste Solutions, Inc. SB 1383 Grant - Feb '24 72065 348.25 Vendor Subtotal for Section 2:3004 348.25
Section 2:3004
207-3004-5850-00 Recycling supplies U.S. Bank ESD-9405 SB1383 HomeDepot - Food Scrap Pails 71984 2,761.00 Vendor Subtotal for Section 2:3004 2,761.00
Subtotal for Section 1: 207 7,365.25
Section 1: 215
Section 2:7070
215-7070-7800-00 Other Equipment Williams Scotsman Inc MCLE Restroom Trailer - Toilet Unit 2/21 - 3/19/24 71982 4,331.10 215-7070-7800-00 Other Equipment Williams Scotsman Inc Temporary Office Trailer 2/28 - 3/27/24 71982 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
290-6002-5100-00 Professional Services Yeh and Associates Inc Big Rock Mesa AD 98-1 Monitoring/Maint - Jan '24 72083 20,690.70 Vendor Subtotal for Section 2:6002 20,690.70
Section 2:6002
290-6002-5722-00 Electricity Southern California Edison Company Asmt Dist Big Rock - Jan '24 71972 2,106.89 290-6002-5722-00 Electricity Southern California Edison Company Big Rock Inland Pump - Jan '24 71972 76.66 Vendor Subtotal for Section 2:6002 2,183.55
AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 31 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Section 2:6002
290-6002-7903-00 Storm Drain Improvements Yeh and Associates Inc Big Rock Mesa AD 98-1 Capital Improvement - Jan '24 72083 280.00 Vendor Subtotal for Section 2:6002 280.00
Subtotal for Section 1: 290 23,154.25
Section 1: 291
Section 2:6003
291-6003-5100-00 Professional Services Yeh and Associates Inc Malibu Rd AD 98-3 Monitoring/Maint - Jan '24 72083 4,905.00 Vendor Subtotal for Section 2:6003 4,905.00
Section 2:6003
291-6003-5722-00 Electricity Southern California Edison Company Asmt dst Malibu Rd - Jan '24 71972 72.91 Vendor Subtotal for Section 2:6003 72.91
Section 2:6003
291-6003-7903-00 Storm Drain Improvements Yeh and Associates Inc Malibu Rd AD 98-3 Capital Improvements - Jan '24 72083 840.00 Vendor Subtotal for Section 2:6003 840.00
Subtotal for Section 1: 291 5,817.91
Section 1: 292
Section 2:6004
292-6004-5722-00 Electricity Southern California Edison Company Asmt Dist Calle Del - Jan '24 71972 20.34 292-6004-5722-00 Electricity Southern California Edison Company Calle Del Barco - Jan '24 71972 13.57 292-6004-5722-00 Electricity Southern California Edison Company Asmt Dist Rambla Calle - Jan '24 71972 16.82 Vendor Subtotal for Section 2:6004 50.73
AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 32 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 292 50.73
Section 1: 310
Section 2:9106
310-9106-5100-00 Malibu Canyon Rd Traffic Study Kimley-Horn and Associates Inc Malibu Canyon Rd Study - Jan '24 71952 5,271.84 Vendor Subtotal for Section 2:9106 5,271.84
Subtotal for Section 1: 310 5,271.84
Section 1: 500
Section 2:7008
500-7008-5722-00 Electricity Southern California Edison Company 23661 PCH - Jan '24 71972 776.48 500-7008-5722-00 Electricity Southern California Edison Company Legacy Park Lift Station - Jan '24 71972 1,101.15 Vendor Subtotal for Section 2:7008 1,877.63
Section 2:7008
500-7008-5725-00 Other Utilities G.I. Industries Garbage - Ioki Lot - Mar '24 71946 215.32 500-7008-5725-00 Other Utilities G.I. Industries Garbage - Supercare Pharmacy - Mar '24 71946 203.62 Vendor Subtotal for Section 2:7008 418.94
Section 2:7008
500-7008-6160-00 Operating Supplies U.S. Bank CS-1673 HomeDepot - Supplies 71984 137.37 Vendor Subtotal for Section 2:7008 137.37
Subtotal for Section 1: 500 2,433.94
Section 1: 515
Section 2:3010
515-3010-5100-00 Professional Services Water Resources Economics CCWTF Water Rate Update - Phase 1 - Feb '24 72080 8,114.69 AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 33 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3010 8,114.69
Section 2:3010
515-3010-5611-00 WWTF Maintenance Integrated Performance Consultants Inc Operation, Maint, and Mgmt - CCWWTF - Jan '24 72026 96,338.25 Vendor Subtotal for Section 2:3010 96,338.25
Section 2:3010
515-3010-5640-00 Equipment Maintenance Integrated Performance Consultants Inc Equipment Maint - CCWWTF - Jan '24 72026 1,292.06 Vendor Subtotal for Section 2:3010 1,292.06
Section 2:3010
515-3010-5721-00 Telephone Badger Meter, Inc. Meter Monitoring - Feb '24 71995 40.04 Vendor Subtotal for Section 2:3010 40.04
Section 2:3010
515-3010-5721-00 Telephone Frontier California Inc Phone - CCWWTF 3/4 - 4/3/24 72015 169.84 Vendor Subtotal for Section 2:3010 169.84
Section 2:3010
515-3010-5722-00 Electricity Southern California Edison Company CCWWTF - Jan '24 71972 11,827.45 515-3010-5722-00 Electricity Southern California Edison Company Injection Wells / CCWWTF - Jan '24 71972 267.37 Vendor Subtotal for Section 2:3010 12,094.82
Section 2:3010
515-3010-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - CCWTF - Mar '23 72016 223.56 Vendor Subtotal for Section 2:3010 223.56
Section 2:3010
515-3010-5725-01 Biosolids Disposal Integrated Performance Consultants Inc Biosolids Disposal - CCWWTF - Jan '24 72026 6,850.00 AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 34 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3010 6,850.00
Subtotal for Section 1: 515 125,123.26
Section 1: 601
Section 2:3005
601-3005-5722-00 Electricity Southern California Edison Company Electric Car Charger - Jan '24 71972 494.18 Vendor Subtotal for Section 2:3005 494.18
Section 2:3005
601-3005-6500-00 Motor Fuels U.S. Bank PW-1571 Shell/Delailla - Fleet Fuel 71984 153.14 601-3005-6500-00 Motor Fuels U.S. Bank CS-7433 Shell/Chevron - Fleet Fuel 71984 224.57 601-3005-6500-00 Motor Fuels U.S. Bank CS-2481 Chevron/Exxon - Fleet Fuel 71984 383.13 601-3005-6500-00 Motor Fuels U.S. Bank PW-9093 Shell/Chevron - Fleet Fuel 71984 299.20 601-3005-6500-00 Motor Fuels U.S. Bank PW-8679 Shell - Fleet Fuel 71984 206.01 Vendor Subtotal for Section 2:3005 1,266.05
Subtotal for Section 1: 601 1,760.23
Section 1: 602
Section 2:7060
602-7060-5100-00 Professional Services Bluebeam Inc Bluebeam Integration 71938 11,400.00 Vendor Subtotal for Section 2:7060 11,400.00
Section 2:7060
602-7060-5100-00 Professional Services Konica Minolta Business Solutions USA IncOnBase Upgrade - Kick-Off Meeting 71954 4,937.50 Vendor Subtotal for Section 2:7060 4,937.50
Section 2:7060
602-7060-5107-00 Contract Personnel Roth Staffing Companies LP Temporary Staff - E. Saeidi 2/25/24 71969 2,380.00 602-7060-5107-00 Contract Personnel Roth Staffing Companies LP Temporary Staff - E. Saeidi 2/18/24 71969 2,380.00 AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 35 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7060 4,760.00
Section 2:7060
602-7060-5630-00 Computer Maintenance U.S. Bank IS-5921 Computer Maint 71984 97.05 Vendor Subtotal for Section 2:7060 97.05
Section 2:7060
602-7060-5721-00 Telephone Frontier California Inc City Hall Internet 2/28 - 3/27/24 72015 440.98 602-7060-5721-00 Telephone Frontier California Inc Phone - City Hall Fac Internet - Mar '24 72015 861.31 Vendor Subtotal for Section 2:7060 1,302.29
Section 2:7060
602-7060-5721-00 Telephone Charter Communications Holdings, LLC City Hall Internet - Mar '24 72066 209.98 Vendor Subtotal for Section 2:7060 209.98
Section 2:7060
602-7060-6120-00 Computer Software Bluebeam Inc Studio Prime Subscription 8/31/23 - 8/30/24 71938 2,340.00 602-7060-6120-00 Computer Software Bluebeam Inc Core Licenses 1/23/24 - 8/30/24 71938 2,000.00 Vendor Subtotal for Section 2:7060 4,340.00
Section 2:7060
602-7060-6120-00 Computer Software U.S. Bank IS-5921 Computer Software 71984 3,874.28 602-7060-6120-00 Computer Software U.S. Bank IS-4175 Computer Software 71984 7,210.02 Vendor Subtotal for Section 2:7060 11,084.30
Section 2:7060
602-7060-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Mouse/Keyboard 71974 219.99 Vendor Subtotal for Section 2:7060 219.99
Section 2:7060
AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 36 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount 602-7060-7400-00 Computer Equipment GovConnection Inc 4 New Hard Drives for New Server 72019 1,522.40 Vendor Subtotal for Section 2:7060 1,522.40
Section 2:7060
602-7060-7400-00 Computer Equipment U.S. Bank IS-4175 Computer Equipment 71984 13,135.64 602-7060-7400-00 Computer Equipment U.S. Bank IS-5921 Computer Equipment 71984 3,337.98 Vendor Subtotal for Section 2:7060 16,473.62
Section 2:7060
602-7060-7400-00 Computer Equipment Flexential Colorado Corp Server Colocation - Mar '24 72078 1,021.20 Vendor Subtotal for Section 2:7060 1,021.20
Subtotal for Section 1: 602 57,368.33
Section 1: 710
Section 2:0000
710-0000-2270-04 Grading Bonds Thomas Keane Release- Grading Bond 31571 Sea Level Dr No. 19-1443 71960 63,157.00 Vendor Subtotal for Section 2:0000 63,157.00
Section 2:0000
710-0000-2270-44 Library Event Santa Monica - Malibu Unified School District Malibu HS Library Set Aside Funds - Tools/Databases 71971 14,297.32 710-0000-2270-44 Library Event Santa Monica - Malibu Unified School District Malibu HS Library Set Aside Funds - Canan Copiers 71971 12,813.66 Vendor Subtotal for Section 2:0000 27,110.98
Section 2:0000
710-0000-2270-51 Land Development Survey Review MNS Engineers, Inc. 6191 Murphy Wy - Nov '23 71963 1,457.50 710-0000-2270-51 Land Development Survey Review MNS Engineers, Inc. 28128 Pacific Coast Hwy - Nov '23 71963 1,590.00 710-0000-2270-51 Land Development Survey Review MNS Engineers, Inc. 5906 Philip Ave - Nov '23 71963 1,855.00 710-0000-2270-51 Land Development Survey Review MNS Engineers, Inc. 33610 Pacific Coast Hwy - Jan '24 72050 530.00 710-0000-2270-51 Land Development Survey Review MNS Engineers, Inc. 6191 Murphy Way - Jan '24 72050 927.50 Vendor Subtotal for Section 2:0000 6,360.00
AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 37 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Section 2:0000
710-0000-2270-54 Recorded Document Fees LA Co Registrar Recorder/Cty Clerk Recorded Document Fees - Jan '24 71957 93.00 Vendor Subtotal for Section 2:0000 93.00
Subtotal for Section 1: 710 96,720.98
Section 1: 712
Section 2:9048
712-9048-5100-00 Professional Services US Bank CFD 2006-1 Annual Admin Fee 72075 2,310.00 Vendor Subtotal for Section 2:9048 2,310.00
Subtotal for Section 1: 712 2,310.00
Section 1: 715
Section 2:9049
715-9049-5100-00 Professional Services 30 Three Sixty Public Finance, Inc. Reissue CK#62330 Administration-CCWTF AD 2015-1 71986 2,875.00 715-9049-5100-00 Professional Services 30 Three Sixty Public Finance, Inc. Reissue CK#62330 Administration-CCWTF AD 2015-1 71986 2,875.00 Vendor Subtotal for Section 2:9049 5,750.00
Subtotal for Section 1: 715 5,750.00
Section 1: 900
Section 2:0000
900-0000-2041-00 PARS U.S. Bank PR Batch 70014.03.2024 PARS - ER Share 71931 211.37 900-0000-2041-00 PARS U.S. Bank PR Batch 70014.03.2024 PARS - EE Share 71931 1,008.04 Vendor Subtotal for Section 2:0000 1,219.41
Section 2:0000
900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70014.03.2024 ICMA Def Comp - Flat Amount 71928 12,175.39 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70014.03.2024 ER Contribution to ICMA 71928 3,050.00 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70014.03.2024 ICMA Def Comp - % of Salary 71928 1,179.40 AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 38 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 16,404.79
Section 2:0000
900-0000-2042-01 ICMA Loan Program ICMA-MissionSquare Retirement - 303615 PR Batch 70014.03.2024 ICMA Loan Program 71928 760.41 Vendor Subtotal for Section 2:0000 760.41
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108658 PR Batch 70014.03.2024 ICMA - City Manager 71929 600.00 Vendor Subtotal for Section 2:0000 600.00
Section 2:0000
900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108650 PR Batch 70014.03.2024 ICMA - Dept Heads 71930 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 70014.03.2024 Income Withholding Order-Calif 71927 339.69 Vendor Subtotal for Section 2:0000 339.69
Subtotal for Section 1: 900 20,324.30
Report Total: 1,599,641.63
AP-Transactions by Account (03/27/2024 - 8:37 AM) Page 39 DocuSign Envelope ID: 487702F4-9BD4-4808-B28F-B76ED0BCA8C8
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: March 27, 2024 Meeting date: April 8, 2024 Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the January 8, 2024 Malibu City Council Regular meeting, January 17, 2024 Malibu City Council Special meeting, January 22, 2024 Malibu City Council Special meeting, January 22, 2024 Malibu City Council Regular meeting, February 12, 2024 Malibu City Council Special meeting, and February 12, 2024 Malibu City Council Regular meeting.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.
DISCUSSION: Staff has prepared draft minutes for the Council meetings of January 8, 2024, January 17, 2024, January 22, 2024, February 12, 2024.
ATTACHMENTS:
January 8, 2024 Regular meeting
January 17, 2024 Special meeting
January 22, 2024 Special meeting
January 22, 2024 Regular meeting
February 12, 2024 Special meeting
February 12, 2024 Regular meeting
City Council Meeting
04-08-24
Item
3.B.3.
1 ATTACHMENT 1
MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
JANUARY 8, 2024
COUNCIL CHAMBERS
6:30 P.M.
MEETING CALL TO ORDER
Mayor Pro Tem Stewart called the meeting to order at 5:31 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Steve Uhring (arrived 5:45 p.m.); Mayor Pro Tem Doug Stewart; and Councilmembers Paul Grisanti, Marianne Riggins, and Bruce Silverstein
PUBLIC COMMENT ON CLOSED SESSION
Mayor Pro Tem Stewart opened the floor to public comment.
Speakers: None.
RECESS TO CLOSED SESSION
At 5:32 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:
Conference with Legal Counsel – Existing litigation pursuant to Government Code Section 54956.9(d)(1):
1. Case Name: City’s Petition to Form Malibu USD from Territory in the Santa Monica-Malibu USD
REGULAR SESSION CALL TO ORDER
Mayor Uhring called the meeting to order at 6:48 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Steve Uhring; Mayor Pro Tem Doug Stewart; and Councilmembers Paul Grisanti, Marianne Riggins, and Bruce Silverstein
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Susan Dueñas, Public 2 Malibu City Council
Minutes of January 8, 2024
_________________________
Safety Director; Rob DuBoux, Public Works Director; Parker Davis, Media Technician; Christina Muñoz, Deputy City Clerk; and Adrian Fernandez, Assistant Planning Director
PLEDGE OF ALLEGIANCE
Norm Haynie led the Pledge of Allegiance.
CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 5:30 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9(d)(1). He stated Mayor Uhring joined the meeting at approximately 5:45 p.m. He stated the Council discussed the items on the Closed Session agenda and took no reportable action.
REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on December 21, 2023, with the amended agenda posted on January 4, 2024.
APPROVAL OF AGENDA
MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to approve the agenda and adjourn in memory of Ray Humphrey and Lyon Herron.
FIRENDLY AMENDMENT
Councilmember Stewart moved to hearing Item No. 6.C. before Item No. 6.B.
The Council discussed the amendment.
The maker and seconder of the motion accepted the amendment.
The question was called, and the amended motion carried unanimously.
ITEM 1 CEREMONIAL/PRESENTATIONS
A. Presentation on Southern California Edison Updates
Andrew Thomas, Southern California Edison (SCE) Government Relations Manager, presented on recent public safety power shutoff (PSPS) events and communication tools. John Morehouse, SCE, had technical difficulties and was unable to present.
The Council directed questions to Mr. Thomas.
ITEM 6 NEW BUSINESS
3 Malibu City Council
Minutes of January 8, 2024
_________________________
A. Road Race Agreement
Recommended Action: At the recommendation of the Road Race Ad Hoc Committee, approve the Agreements with Malibu Race Series LLC and Zuma Foundation Inc. for the two allowable Road Race Temporary Use Permits.
Community Services Director Riesgo presented the staff report.
Mayor Uhring announced that, due to the number of speakers, each speaker would have two minutes to speak.
Mayor Uhring opened the floor to public comment.
Speaker: Jim Duncan, Elizabeth Rodrigues, Meril May, Linda Rooney, Pamela Conley Ulich, Merlin Clarke, Michael Epstein, Eric Gilseman, Keith Simmons, Nick Angio, Kasey Earnest, Cassidy Case, Erica Segel (Scott Brockwa deferred time to Ms. Segel), Ben Dewitt, Marty O’Malio, Robyn Simon, Jo Drummond, Veronica Hoomani, Maksym Shepitko, Tony Mark, Mikke Pierson, Brennan Lindner (Tim Bomba, Jake Ralph, and Paul Hekimian deferred time to Mr.
Lindner), Heather Wildman, Lara Weberling, Robert Laurita, Teri Brown, Bill Sampson, Valentina, Tanvir H., and Rosa O’Reilly
Christian Markey was not present at the time of the hearing.
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item and directed questions to the Road Race Ad Hoc Committee, Mr. Epstein, Mr. Lindner, Ms. Segel, and Mr. Angio.
MOTION Councilmember Silverstein moved to: 1) approve the agreement with Zuma Foundation Inc., amending Sections 6.6 and 6.9 as presented, and 2) approve an agreement with Malibu Moves, amending Sections 6.6 and 6.9 as presented.
FRIENDLY AMENDMENT
Mayor Pro Tem Stewart seconded the motion and moved to amend Section 6.6 to direct the donation to “Malibu youth based 501(c)(3) organizations” and revert section 6.9 for the Zuma Foundation Inc. agreement.
The maker accepted the amendment.
The Council discussed the motion and directed questions to Ms. Case.
Councilmember Silverstein withdrew the motion to consider the two agreements separately.
MOTION Councilmember Silverstein moved, and Mayor Pro Tem Stewart seconded a motion to approve the agreement with Zuma Foundation Inc., amending Section 6.6. The 4 Malibu City Council
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question was called, and the motion carried unanimously.
MOTION Councilmember Silverstein moved, and Mayor Pro Tem Stewart seconded a motion to approve an agreement with Malibu Moves, amending Sections 6.6 and 6.9, and direct staff to make any further changes to form as recommended by the City Attorney and approved by the City Manager. The question was called, and the motion carried 4-1, Councilmember Riggins opposed.
RECESS At 9:26 p.m., Mayor Uhring recessed the meeting. The meeting resumed at 9:38 p.m. with all Councilmembers present.
ITEM 2.A. PUBLIC COMMENTS
Meril May thanked the City for the increased presence of law enforcement on Pacific Coast Highway (PCH). He recommended the City advertise upcoming Caltrans projects and warn motorists to drive carefully. He stated speed cameras were the next step for PCH safety. He stated palm trees across from HRL posed a fire hazard. He discussed the December 21, 2024 Tesla crash at Busch Drive.
Scott Dittrich discussed the SCE presentation and recent PSPS events.
Jo Drummond stated the City should focus on safety and the environment. She recommended the Council direct staff to focus on the permanent skate park project, getting the communications tower at the SMC Malibu Campus lowered and camouflaged, lowering permit fees for small projects, prioritizing like-for-like fire rebuilds, developing recreation facilities on the City’s vacant land, removing fire hazards, and undergrounding utilities. She recommended having a potluck at City Council meetings.
Andy Lyon discussed the appeal of the Coastal Development Permit (CDP) for the permanent skate park. He recommended the Council deny the appeal and approve the project as proposed.
Colin Drummond stated he intended to speak on Item No. 7.A.
Tamikofuote discussed the importance of controlling speeding on PCH. She discussed her husband’s death on PCH.
Kraig Hill stated he intended to speak on Item No. 7.A.
Ryan Embree was not available at the time of the hearing.
ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES City Manager McClary stated in December 2023 the California Secretary of Transportation visited Malibu and toured PCH with City staff and other Caltrans officials. He stated the Secretary shared that he had committed $4.25 million 5 Malibu City Council
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dollars for improvements on PCH in Malibu. He stated the City had a PCH Safety webpage that was regularly updated with information from all relevant agencies.
He stated staff was working on a long-term contract with California Highway Patrol (CHP) for enforcement on PCH. He stated staff had requested modifications to the contract and they were being reviewed by legal teams in Sacramento. He reported on other recent accidents on PCH. He announced a screening of 21 Miles in Malibu on January 18, 2024. He announced the Homeless Count on January 24, 2024 and stated volunteers were still needed. He announced a City Council Study Session on the Draft Housing Element on January 17, 2024. He stated the Temporary Use Permit (TUP) Ordinance was scheduled for the February 12, 2024 City Council meeting.
Captain Jennifer Seetoo, Los Angeles County Sheriff’s Department, discussed a fatal accident in Malibu and stated detectives did not believe that accident was caused by speed. She discussed a speeding incident on December 28, 2023 where the suspect was driving over 100 mph. She discussed joint operations with CHP.
She discussed the importance of adding speed cameras in the City. She discussed the importance of focusing on school safety in addition to PCH safety. She stated the School Safety Sergent would be returning later this month and she planned to meet with the mother of a school shooter who educated the public on this issue.
She stated the Los Angeles County Sheriff’s Department was partnering with the Las Virgenes School District to add their public facing cameras to the real time crime system. She stated she looked forward to partnering with the City and Santa Monica-Malibu Unified School District on more school safety efforts.
Mayor Uhring stated the City’s lobbyist California Strategies was working on a draft bill to permit speed cameras in Malibu and the draft would be provided to Senator Ben Allen by January 18, 2024. He requested Captain Seetoo provide statistics on the number of speeding tickets issued to the City so that information could be conveyed to California Strategies.
Scott Dittrich, Public Works Commission, stated that since the accident on PCH that killed four Pepperdine students, the Commission had been focusing on aspects of Public Works that can be used to enhance safety. He discussed Public Works Director DuBoux’s efforts to work with Caltrans on PCH improvements. He discussed the broken windows theory and recommended focusing on minor violations such as excessive noise, in addition to speeding violations.
ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti stated he enjoyed the holidays and spoke to a lot of residents. He encouraged everyone to obey the speed limit.
Councilmember Riggins stated she received positive feedback from the employees about the winter holiday closure. She stated she attended a League of California Cities event last week on the zero bail policy. She announced a volunteer weed pulling event at Point Dume Headlands on January 10, 2024. 6 Malibu City Council
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Councilmember Silverstein thanked the public speakers and those who submitted written comments. He stated he had spent a lot of time on research for Item No.
7.A. and on understanding issues related to the farmer’s market. He stated he spoke with Supervisor Horvath on both issues. He stated he had been conscientiously driving the speed limit and stated many people were speeding, including in construction zones.
Mayor Pro Tem Stewart encouraged everyone to set the pace on PCH by obeying the speed limit. He discussed the meeting with the Secretary of Transportation and stated he learned that in California speed limits were determined based on the actual speed of drivers. He stated it was important to encourage slower driving so the speed limit on PCH could be lowered. He recommended the Public Safety and Public Works Commissions have more joint meetings to work on PCH safety items.
He stated he attended a PCH Task Force meeting, and the PCH tour with the Secretary of Transportation. He stated the PCH tour was planned at the direction of the Governor’s office and included many high-level officials from the State. He stated he attended a meeting with California Strategies and discussed the bill to approve speed cameras in Malibu. He discussed the challenges to get the bill approved and the limitations of the bill.
Mayor Uhring indicated agreement with all the comments about the importance of limiting speeding on PCH. He stated he enjoyed the holidays.
Mayor Pro Tem Stewart discussed The Malibu Times articles on PCH safety and thanked them for their support on the issue. He thanked Hans Laetz for covering the issues on KBUU.
In response to Mayor Uhring, the Councilmembers indicated that they intended to complete the agenda tonight and hear Item No. 7.A.
ITEM 3 CONSENT CALENDAR
Item No. 3.A.1. was pulled by the public. Item Nos. 3.B.6. and 3.B.12. were pulled by the Council.
MOTION Mayor Pro Tem Stewart moved, and Councilmember Grisanti seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.A.1., 3.B.6., and 3.B.12. The question was called, and the motion carried unanimously.
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
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Recommended Action: Allow and approve warrant demand numbers 70991-71201 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. 738 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,518,910.43. City of Malibu payroll check number 5394-5395 and ACH deposits were issued in the amount of $452,344.84.
3. Approval of Minutes
Recommended Action: Approve the minutes for the May 22, 2023 Malibu City Council Regular meeting, May 24, 2023 Malibu City Council Special meeting, and May 31, 2023 Malibu City Council Special meeting.
4. Door Security Card Access Control System Upgrade and Expansion Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Western Audio Visual & Security Card Access Control System Upgrade and Expansion not to exceed $80,648.80.
5. Digital Multifunction Device Award
Recommended Action: Authorize the Mayor to execute an Agreement with Toshiba Business Solutions for Multifunction printer leasing, maintenance, and services in the amount of $42,644.16.
7. Resolution to Approve CALFIRE Grant Application
Recommended Action: Adopt Resolution No. 24-02 approving an application for the “California Climate Investment Fire Prevention Grant Program” and appointing the City Manager, or designee the authority to take actions pursuant to the program.
8. Request for Letter of Support
Recommended Action: Authorize the Mayor to sign a letter of support for the CAL FIRE Wildfire Prevention Grant for the Santa Monica Mountains Regional Fire Safe Council.
9. Amendment to Professional Services Agreement with Record Xpress of California LLC, DBA Access
Recommended Action: Authorize the Mayor to execute Amendment No. 2 to Professional Services Agreement with Record Xpress of California LLC, DBA Access, for storage of the City’s offsite records, services and transportation pertaining to records management to extend the term of the Agreement to December 31, 2025 and update the fee schedule.
10. Amendment No. 7 to Agreement with Turbo Data Systems Recommended Action: Authorize the Mayor to execute Amendment No. 7 to the Professional Services agreement with Turbo Data Systems for Parking Citation Processing Services.
11. Pacific Coast Highway Median Improvements Project
Recommended Action: 1) Authorize the Mayor to execute an agreement with Stacy and Witbeck, Inc. in the amount of $1,362,986 for the Pacific Coast Highway Median Improvements Project Specification No. 2049; and 2) Authorize the Public Works Director to approve potential change orders up to 20%.
13. Investment Report for the Month Ending November 30, 2023 8 Malibu City Council
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Recommended Action: Receive the Investment Report for the month ending November 30, 2023.
14. Amendment to Professional Services Agreement with CSG Consultants, Inc.
Recommended Action: Authorize the Mayor to execute Amendment No. 2 to Agreement with CSG Consultants, Inc. for planning contract services to increase the total compensation.
The following items were pulled from the consent calendar for individual consideration:
A. Previously Discussed Items
1. Second Reading and Adoption of Ordinances Nos. 510 and 511 Recommended Action: 1) Conduct second reading, unless waived, and adopt Ordinance No. 510, an ordinance of the City of Malibu approving Local Coastal Program Amendment No. 18-002, an amendment to the LCP to update accessory dwelling units (ADU) Regulations, and Zoning Text Amendment (ZTA) No. 18-004, an amendment to Title 17 (Zoning) of the Malibu Municipal Code (MMC) related to definitions, guest homes, and changing the term second units to ADUs, and finding the amendments exempt from the California Environmental Quality Act (CEQA); and 2) Conduct second reading, unless waived, and adopt Ordinance No. 511 approving ZTA No. 18-004, an amendment to Title 17 (Zoning) of the MMC to update ADU regulations and finding the amendments exempt from CEQA.
Mayor Uhring opened the floor to public comment.
Speakers: Norm Haynie
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to adopt Ordinance No. 510, an ordinance of the City of Malibu approving Local Coastal Program Amendment No. 18-002, an amendment to the LCP to update accessory dwelling units (ADU) Regulations, and Zoning Text Amendment (ZTA) No. 18-004, an amendment to Title 17 (Zoning) of the Malibu Municipal Code (MMC) related to definitions, guest homes, and changing the term second units to ADUs, and finding the amendments exempt from the California Environmental Quality Act (CEQA); and 2) Conduct second reading, unless waived, and adopt Ordinance No. 511 approving ZTA No. 18-004, an amendment to Title 17 (Zoning) of the MMC to update ADU regulations and finding the amendments exempt from CEQA.
The Council discussed the item and directed questions to staff. 9 Malibu City Council
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The question was called, and the motion carried 3-2, Councilmember Silverstein and Mayor Uhring opposed
B. New Items
6. Resolution Extending the Declaration of the Existence of a Local Emergency Regarding Conditions on Pacific Coast Highway (PCH) Recommended Action: Adopt Resolution No. 24-01 extending the declaration of the existence of a local emergency related to the increase of reckless and illegal driving on pacific coast highway and directing staff to coordinate efforts with other governmental agencies to increase attention and create programs to reduce the risk and danger associated with pacific coast highway in the City.
The Council discussed the item.
MOTION Councilmember Silverstein moved, and Councilmember Grisanti seconded a motion to adopt Resolution No. 24-01 extending the declaration of the existence of a local emergency related to the increase of reckless and illegal driving on pacific coast highway and directing staff to coordinate efforts with other governmental agencies to increase attention and create programs to reduce the risk and danger associated with pacific coast highway in the City. The question was called, and the motion carried unanimously.
12. Emergency Purchase of Lidar Speed Guns
Recommended Action: Receive and file a report on an emergency purchase of lidar speed guns for traffic enforcement services.
The Council discussed the item and directed questions to staff.
MOTION Councilmember Silverstein, and Councilmember Grisanti seconded, a motion to receive and file a report on an emergency purchase of lidar speed guns for traffic enforcement services. The question was called, and the motion carried unanimously.
ITEM 4 ORDINANCES AND PUBLIC HEARINGS
MOTION Mayor Uhring moved, and Councilmember Riggins seconded a motion to hear Item No. 4.A. after 10:30 p.m. The question was called, and the motion carried unanimously.
A. Code Amendment to Extend Deadlines for Nonconforming In-kind Disaster Rebuild Projects
Recommended Action: 1) Conduct a second public hearing; and 2) Conduct a second reading, unless waived, and adopt Ordinance No. 513 adopting Zoning Text Amendment No. 23-003 to amend Malibu Municipal Code Section 17.60.020(C) to add three years to the deadline to initiate the planning application process and obtain building permits to rebuild a nonconforming structure that was damaged or 10 Malibu City Council
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destroyed in the Woolsey Fire and finding the action exempt for from the California Environmental Quality Act.
Mayor Uhring opened the floor to public comment.
Speakers: Jo Drummond, Georgia Goldfarb
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item.
MOTION Councilmember Riggins moved, and Councilmember Silverstein seconded a motion to adopt Ordinance No. 513 adopting Zoning Text Amendment No. 23-003 to amend Malibu Municipal Code Section 17.60.020(C) to add three years to the deadline to initiate the planning application process and obtain building permits to rebuild a nonconforming structure that was damaged or destroyed in the Woolsey Fire and finding the action exempt for from the California Environmental Quality Act. The question was called, and the motion carried unanimously.
ITEM 5 OLD BUSINESS
None.
ITEM 6 NEW BUSINESS
MOTION Councilmember Riggins moved, and Mayor Pro Tem Stewart seconded a motion to hear Item No. 6.C. after 10:30 p.m. The question was called, and the motion carried unanimously.
C. Malibu Schools Centralized Fundraising & Athletic Pathways Recommended Action: Direct staff to increase the General Fund Grant program to $553,100, for FY 2023-24, and make a one-time appropriation of $353,100 to the Malibu School Leadership Council through the Shark Fund.
Assistant City Manager Toney presented the staff report.
Karin Al-Hardan, Malibu Education Foundation, presented the proposal.
Mayor Uhring opened the floor to public comment.
Speaker: Sion Roy, Kevin Keegan, Jo Drummond, Georgia Goldfarb, Wade Major, and Ryan Embree
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
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The Council discussed the item.
MOTION Councilmember Silverstein moved, and Councilmember Grisanti seconded a motion to direct staff to bring back on the Consent Calendar a Memorandum of Understanding with the Malibu Education Foundation to approve a one-time grant of $353,100. The question was called, and the motion carried unanimously.
B. Reorganization of City Council Agenda Format for Regular City Council Meetings (Continued from December 11, 2023)
Recommended Action: 1) Adopt Resolution No. 23-53 superseding and replacing Resolution No. 99-007 and Section 1 (VI)(A) of Resolution No. 98-083 to establish the start time and format for Regular City Council Meetings, 2) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 514 amending Malibu Municipal Code Section 2.08.010 and determining the start time of regular City Council meetings shall be set by resolution, and 3) Direct staff to schedule second reading and adoption of Ordinance No. 514 for the January 22, 2024 City Council Regular meeting.
MOTION Councilmember Silverstein moved, and Councilmember Riggins seconded a motion to continue Item No. 6.B. to the January 22, 2024 meeting. The question was called, and the motion carried unanimously.
MOTION Councilmember Riggins moved, and Councilmember Silverstein seconded a motion to hear Item No. 6.D. after 10:30 p.m. The question was called, and the motion carried unanimously.
D. Malibu Farmer’s Market
Recommended Action: Review proposed options, including for possible relocation of the Malibu Farmer’s Market, and provide direction to staff.
Deputy City Manager Brown presented the staff report.
The Council directed questions to staff and Debra Bianco.
MOTION Councilmember Silverstein moved, and Mayor Pro Tem Stewart seconded the motion to continue this item to the February 12, 2024 meeting.
Mayor Uhring opened the floor to public comment on the proposed continuance.
Speaker: Georgia Goldfarb, and Debra Bianco
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The question was called, and the motion carried unanimously.
ITEM 7 COUNCIL ITEMS
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MOTION Councilmember Silverstein moved, and Mayor Pro Tem Stewart seconded a motion to hear Item No. 7.A. after 10:30 p.m. The question was called, and the motion carried unanimously.
A. Traffic Calming Measures on Pacific Coast Highway (Mayor Uhring and Councilmember Silverstein)
Recommended Action: At the request of Mayor Uhring and Councilmember Silverstein, determine whether to direct staff to explore and implement traffic calming measures on Pacific Coast Highway pursuant to the Declaration of Local Emergency duly adopted by the City Council.
Mayor Uhring opened the floor to public comment.
Speaker: Michael Sugimoto (Marshall Craig and Ava Heinart deferred time to Michael Sugimoto), Bridget Thompson (Zoe Hunt and Carolyn Kimball deferred time to Bridget Thompson), Jo Drummond, Jefferson Wagner, David Rolston, Colin Drumond, Kraig Hill, Damian Kevitt, Georgia Goldfarb, and Ryan Embree As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item.
MOTION Councilmember Silverstein moved, and Mayor Uhring seconded a motion to continue to: 1) continue this item to the January 22, 2024, and 2) direct staff to combine the report with information on ongoing PCH safety projects and schedule the item before Item No. 2.A. on the January 22, 2024 agenda. The question was called, and the motion carried unanimously.
ADJOURNMENT
Mayor Uhring adjourned the meeting at 12:22 a.m. on Tuesday, January 9, 2024 in memory of Coach Humphrey and Lyon Heron
Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
STEVE UHRING, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
13 ATTACHMENT 2
MINUTES
MALIBU CITY COUNCIL
SPECIAL MEETING
JANUARY 17, 2024
COUNCIL CHAMBERS
6:00 P.M.
MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 6:04 P.M.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Steve Uhring; Mayor Pro Tem Doug Stewart; and Councilmembers Paul Grisanti, Marianne Riggins, and Bruce Silverstein
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Kelsey Pettijohn, City Clerk; Richard Mollica, Planning Director, Christina Muñoz, Deputy City Clerk; and Joyce Parker-Bozylinkski, Contract Planner
PLEDGE OF ALLEGIANCE
Councilmember Riggins led the Pledge of Allegiance.
REPORT ON POSTING OF AGENDA
Deputy City Clerk Muñoz reported that the agenda for the meeting was properly posted on January 11, 2024.
APPROVAL OF AGENDA
MOTION Mayor Pro Tem Stewart moved, and Councilmember Riggins seconded a motion to approve the agenda. The question was called, and the motion carried unanimously.
ITEM 1 NEW BUSINESS
A. Study Session on Revised 2021-2029 Draft Housing Element Recommended Action: 1) Receive staff’s presentation, 2) Receive public comments, and 3) Provide comments to staff on the revised Draft Housing Element, as appropriate.
Planning Director Mollica introduced Contract Planner Joyce Parker-Bozylinkski who presented the staff report.
Mayor Uhring opened the floor to public comment.
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Speaker: Red Chief Hunt and Jaime Francis
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff and consultants Lilly Rudolph, Emily Green, Veronica Tam, and Alexander Brand.
ADJOURNMENT
CONSENSUS
By consensus, the City Council adjourned the meeting at 7:55 P.M.
Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
STEVE UHRING, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
15 ATTACHMENT 3
MINUTES
MALIBU CITY COUNCIL
SPECIAL MEETING
JANUARY 22, 2024
COUNCIL CHAMBERS
4:30 P.M.
MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 4:30 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Steve Uhring; Mayor Pro Tem Doug Stewart; and Councilmembers Paul Grisanti, Marianne Riggins (arrived at 4:32 p.m.), and Bruce Silverstein
PUBLIC COMMENT ON CLOSED SESSION
Mayor Uhring opened the floor to public comment.
Speakers: None.
RECESS TO CLOSED SESSION
Councilmember Riggins arrived at 4:32 p.m.
At 4:32 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
The Council reconvened at 6:33 p.m. with all Councilmembers present.
CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 4:30 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9(d)(1), with all Councilmembers present. He stated the Council discussed the item listed on the Closed Session agenda and took no reportable action.
ADJOURNMENT
Mayor Uhring adjourned the meeting at 6:34 p.m.
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Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
STEVE UHRING, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
17 ATTACHMENT 4
MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
JANUARY 22, 2024
COUNCIL CHAMBERS
6:30 P.M.
MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 6:35 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Steve Uhring; Mayor Pro Tem Doug Stewart; and Councilmembers Paul Grisanti, Marianne Riggins, and Bruce Silverstein
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Richard Mollica, Planning Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Gail Karish, BBK; Parker Davis, Media Technician; Jason Lawrence, Deputy City Clerk; and Travis Hart, Deputy Public Works Director
PLEDGE OF ALLEGIANCE
Chris Frost led the Pledge of Allegiance.
REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on January 12, 2024, with the amended agenda posted on January 18, 2024.
APPROVAL OF AGENDA
MOTION Councilmember Silverstein moved to approve the agenda, hearing Item No. 6.F. after the consent calendar.
FRIENDLY AMENDMENT
Councilmember Riggins seconded the motion and moved to hear Item No. 6.B. after Item No. 7.A.
The amendment was accepted by the maker of the motion.
FRIELDY AMENDMENT
Mayor Pro Tem Stewart moved to hear Item No. 6.D. after the consent calendar and before Item No. 6.F.
The amendment was accepted by the maker and the seconder of the motion. 18 Malibu City Council
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The question was called, and the amended motion carried unanimously.
ITEM 1 CEREMONIAL/PRESENTATIONS
A. Presentation of City Tile to Kelsey Pettijohn for Seven Years of Service to the City of Malibu
Mayor Uhring presented the City Tile to City Clerk Pettijohn.
City Clerk Pettijohn thanked the Council for the recognition.
ITEM 6 NEW BUSINESS
A. Pacific Coast Highway Safety Review
Recommended Action: Receive and file the January 2024 Pacific Coast Highway Safety Report and provide direction to explore traffic calming measurers pursuant to the Declaration of Emergency.
Deputy City Manager Brown presented the staff report.
The Council directed questions to staff.
Mayor Uhring opened the floor to public comment.
Speaker: Harris Hart, Margot Smit, Alexandria Andres, Michael Sugioto, Bridget Thompson, Brooke Doherty, Myers Mentzer, Kraig Hill, Jo Drummond, Ryan Embree, Barry Stewart, Robert Seltzer, Andy Lyon, and Georgia Goldfarb As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
MOTION Councilmember Silverstein moved, and Mayor Uhring seconded a motion to direct staff to bring back a list of concrete actions the City can take to address PCH safety.
The Council discussed the motion.
FRIENDLY AMENDMENT
Mayor Pro Tem Stewart moved to direct staff to bring back an item in six weeks identifying additional feasible PCH Safety Projects.
The Council discussed the amendment.
The amendment was accepted by the maker and seconder of the motion. 19 Malibu City Council
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The question was called, and the amended motion carried unanimously.
ITEM 2.A. PUBLIC COMMENTS
Tim Pera, MRCA Ranger, provided a ranger report for the last month. He stated 224 parking citations were issued, and four citations were issued for dogs on the beach and alcohol at Lechuza Beach. He stated additional officers were scheduled to patrol during the holidays and no incidents occurred. He stated four administrative citations were issued at Escondido Canyon Trail for off-trail use in a closed area and two citations were issued for dogs off-leash.
In response to Councilmember Riggins, Mr. Pera stated the statistics reflected citations issued throughout the coastal division.
In response to Councilmember Silverstein, Mr. Pera stated MRCA Rangers also had the authority to pull over drivers for speeding.
Bobby LaBonge asked if the City was coordinating with Ventura and Santa Monica on PCH safety items. He discussed the Topanga Beach underpass and suggested it be utilized more to keep people safe when crossing PCH.
Mayor Uhring stated Los Angeles Councilmember Traci Park participated in the PCH tour with the Secretary of Transportation.
Mayor Pro Tem Stewart stated the Mayor of Santa Monica also participated in the PCH tour with the Secretary of Transportation.
Kraig Hill congratulated City Clerk Pettijohn. He suggested ways to address speeding on PCH, including bumper stickers and adding stop lights at entrances to the City. He discussed fractional ownership and taxes in Australia on unoccupied investment homes.
Ryan Embree discussed a Public Safety Commission assignment in the early 2000s to discuss and evaluate a traffic mitigation fee for new development. He recommended implementing a traffic mitigation fee. He recommended the City direct Sheriff’s Deputies escort drivers through the city, similar to mountain towns with heavy snow conditions.
Jo Drummond congratulated City Clerk Pettijohn. She stated the accident that killed four Pepperdine students was caused by a young male Malibu resident and discussed the importance of educating our students on driving safety. She thanked MRCA for clearing brush at Big Rock and PCH. She discussed weeding events at Point Dume Headlands every other Wednesday. She announced Malibu High School’s production of Frozen. She discussed plans for Middle School Athletics Pathway. She encouraged the public to attend the SM-MUSD districting meeting at the Santa Monica College Malibu campus.
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Ted Vaill stated he was not recognized to speak on Item No. 6.A. because he submitted a speaker slip after the item was called. He indicated support for Councilmember Silverstein’s comments. He questioned why the Sheriff’s Department could not hire additional staff when CHP was hiring new officers. He questioned why the Malibu Film Society did not have a location in the City to host film screenings.
Farnaz Gaminchi discussed a homeless encampment near Rambla Orienta. She discussed safety concerns related to the homeless encampment.
ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES City Manager McClary stated he attended a Las Virgenes-Malibu Council of Governments (COG) meeting where a fiber optic project was discussed. He discussed the Special City Council meeting on the draft housing element last week and stated public comment on the draft housing element was open through January 24, 2024. He stated after public comment closed the draft housing element would be provided to the California Department of Housing and Community Development (HCD). He stated he attended a screening of 21 Miles in Malibu and participated in a panel discussion with the filmmaker Michel Shane and Captain Jennifer Seetoo.
He stated the event was hosted by Santa Monica College and the Community Services Department.
Public Works Director DuBoux provided an update on the PCH Signal Synchronization Project. He stated the majority of the work going forward would be installing conduit on the land-side of PCH. He stated there were traffic control measures to ensure the work was completed safely, but it did have traffic impacts.
He stated staff had submitted a new plan to Caltrans that would maintain two lanes of traffic in each direction.
In response to Councilmember Silverstein, Public Works Director DuBoux stated Caltrans had to approve traffic control measures for the project and they had been very accommodating for this project. He stated this project would not have any night work. He stated staff could look into closing lanes at night.
In response to Councilmember Riggins, Public Works Director DuBoux stated members of the public could sign up for traffic notifications through the City’s website.
In response to Mayor Pro Tem Stewart, Public Works Director DuBoux discussed the challenges for this project that made night work impractical. He discussed the safety impacts.
City Manager McClary stated the annual homeless count was scheduled for January 24, 2024. He announced Mary Bradley had been brought on as the Interim Human Resources Manager. He announced a Los Angeles County Committee meeting on January 31, 2024 for a public hearing on SM-MUSD district elections. He stated 21 Malibu City Council
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this hearing was unrelated to the City’s efforts to separate from SM-MUSD. He stated that the next Regular City Council meeting would be held in three weeks on February 12, 2024.
Sergeant Chris Soderlund, Los Angeles County Sheriff Department, discussed a hit and run accident at Big Rock and stated a person of interest had been identified.
He discussed an accident on January 11, 2024 near Duke’s Restaurant and stated DUI was suspected. He discussed a CHP pursuit that led through Malibu and led to an arrest. He stated that individual had bonded out. He discussed 2023 crime statistics. He stated there were 44 part one crimes in December 2023 and 476 part one crimes in 2023, down from 484 in 2022. He discussed an increase in vehicle burglaries at the beach and reminded members of the public not to leave valuables in their cars. He broke down crime statistics by age range and zip code and explained that majority of citations were issued to 20–34-year-olds and only 10% of citations were issued to residents in the 90265-zip code. He discussed a traffic stop with a speeding driver today.
In response to Councilmember Silverstein, Sergeant Soderlund stated the traffic stop did not involve a Malibu resident. He stated the individual pursued by CHP was a Malibu resident.
Councilmember Silverstein thanked Sergeant Soderlund for staying for the duration of every Council meeting.
Councilmember Grisanti discussed a homeless encampment near La Costa that may be on property owned by Los Angeles County.
Mayor Pro Tem Stewart stated Public Safety staff may be working on the encampment near La Costa.
Mayor Uhring requested a list of citations broken down by zip code.
ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti stated he attended a Las Virgenes-Malibu Council of Governments meeting and the 21 Miles in Malibu screening. He stated Malibu was 21 miles long in a straight line, but it was a 27 mile long drive on PCH.
Councilmember Riggins stated she attended the 21 Miles in Malibu screening. She stated Malibu High School (MHS) had a safe driving event Every 15 Minutes every few years. She discussed Kian and Joel Schulman’s work on earth friendly management policies in other cities. She announced tree planting events at Topanga and Encinal Flats with the Resource Conservation District of the Santa Monica Mountains. She encouraged Malibu and County residents to get a home hardening assessment from the City of Malibu or the Resource Conservation District. She announced the Agents of Discovery program launching at Legacy Park and encouraged the public to download the app.
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Councilmember Silverstein stated he had been researching PCH safety issues. He stated he attended the 21 Malibu in Malibu screening. He stated the Council had taken actions to help the Malibu Film Society find a venue in the City and make their screenings available to all residents in Malibu, but it had not worked out. He stated under the City’s emergency declaration the City had the authority to enact a curfew and suggested implementing a curfew that prevented people from driving on PCH unless they were driving to or from their home.
In response to Councilmember Silverstein, Councilmember Grisanti stated Los Angeles County owned the property with the homeless encampment near La Costa.
Councilmember Silverstein discussed the City’s no camping ordinance and how it can be enforced. He stated the individual camping near La Costa was violating the City’s law. He suggested the City of Malibu file an amicus brief in the City of Grants Pass v. Johnson case. He discussed how Malibu attracted individuals experiencing homelessness who had never lived in Malibu.
Mayor Pro Tem Stewart indicated support for sending an amicus brief.
Councilmember Grisanti discussed the negative attention Malibu sometimes received when it attached its name to an issue. He questioned if the City’s lobbyist California Strategies would recommend filing a brief.
In response to Councilmember Riggins, Interim City Attorney Rusin stated he believed the League of California Cities was filing a brief and discussed briefs by other cities.
CONSENSUS
By consensus, the Council directed staff to bring back an item to consider filing an amicus brief for the City of Grants Pass v. Johnson case.
In response to Councilmember Grisanti’s comments, Councilmember Silverstein stated he did not see Malibu becoming the subject of derision on this issue when many other officials and agencies had a similar position.
Mayor Pro Tem Stewart stated he attended the 21 Miles in Malibu screening. He discussed law enforcement officer recruitments and the limit on academy class sizes. He stated he attended a Los Angeles County City Selection Committee meeting on behalf of the Mayor. He stated he attended the homeless outreach community meeting. He stated he attended an Administration and Finance Subcommittee meeting to discuss an item for vacant land outreach.
Mayor Uhring stated he attended the 21 Miles in Malibu screening. He expressed concern that more children would be visiting Legacy Park for the Agents of Discovery program when there were individuals experiencing homelessness in the park.
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Councilmember Riggins stated City staff would be present at the event on Sunday and she did not expect children to have issues visiting the park with their parents during daytime hours.
ITEM 3 CONSENT CALENDAR
Item Nos. 3.B.6. was pulled by the public.
MOTION Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to approve the Consent Calendar, pulling Item Nos. 3.B.6. The question was called, and the motion carried unanimously.
The Consent Calendar consisted of the following items:
A. Previously Discussed Items
None.
B. New Items
1. Waive Further Reading
Recommended Action: After the City Attorney has read the title, waive full reading of ordinances considered on this agenda for introduction on first reading and/or second reading and adoption.
2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 71202-71299 on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 739 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $826,373.49. City of Malibu payroll check number 5396-5398 and ACH deposits were issued in the amount of $975,423.03.
3. Approval of Minutes
Recommended Action: Approve the minutes for the June 12, 2023 Malibu City Council Regular meeting, June 21, 2023 Malibu City Council Special meeting, and June 26, 2023 Malibu City Council Regular meeting.
4. Amendment to Professional Services Agreement with California Skateparks
Recommended Action: 1) Authorize the Mayor to execute Amendment No. 3 to the Professional Services Agreement with California Skateparks in the amount of $68,400, 2) Appropriate $68,400 from the Designated Reserve for the Case/Crummer Parcel to Account Number 310-9090-5100-00 (CIP – Skate Park).
5. Hazard Tree Removal and Fuel Reduction Grant Acceptance Recommended Action: 1) Authorize the Mayor to enter into a grant agreement with the Santa Monica Mountains Conservancy (SMMC) for the continuation of grant funds for fire prevention and resiliency projects; and 2) Authorize the Mayor to execute Amendment No. 2 to the Agreement with Newbury Park Tree Services through December 31, 2024, or until grant services are completed.
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7. Los Angeles County Measure R Transportation Funding Agreement Amendment
Recommended Action: Authorize the Mayor to execute Amendment No. 3 to Measure R Funding Agreement extending a portion of the project funding lapse date to June 30, 2024 for the Pacific Coast Highway (PCH) Signal Synchronization Project.
8. Bluff’s Park South Walkway Repair Project
Recommended Action: 1) Authorize the Mayor to execute a construction contract with Ardalan Construction Company, Inc. in the amount of $132,900 for the Bluff’s Park South Walkway Repair Project, Specification No. 2106; 2) Authorize the Public Works Director to approve any potential change orders up to 15% of the contract amount; and 3) Appropriate $50,800 in Account No. 310-9097-5100 (Malibu Bluff’s Park South Walkway).
9. Amendment to Professional Services Agreement with CJ Biomonitoring, LLC for Biological Review Consulting Services
Recommended Action: Authorize the Mayor to execute Amendment No. 2 to Agreement with CJ Biomonitoring, LLC. extending the term of agreement.
10. Investment Report for the Month Ending December 31, 2023 Recommended Action: Receive the Investment Report for the month ending December 31, 2023.
The following item was pulled from the consent calendar for individual consideration:
6. Purchase of Beach Team Equipment
Recommended Action: Authorize the purchase of five all-terrain vehicles for use by the Los Angeles County Sheriff’s Department Beach Team.
Mayor Uhring opened the floor to public comment.
Speakers: Ryan Embree and Jo Drummond
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
MOTION Mayor Pro Tem Stewart moved, and Councilmember Grisanti seconded a motion to authorize the purchase of five all-terrain vehicles for use by the Los Angeles County Sheriff’s Department Beach Team.
The Council discussed the item and directed questions to staff.
FRIENDLY AMENDMENT
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Councilmember Silverstein moved to direct staff to work with Los Angeles County and explore whether County resources could be identified to fund the Beach Team.
The Council discussed the amendment and directed questions to staff and Sergeant Soderlund.
The amendment was accepted by the maker and the seconder. The question was called, and the motion carried unanimously.
RECESS At 10:26 p.m., Mayor Uhring recessed the meeting. The meeting resumed at10:37 p.m. with all Councilmembers present.
ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. Exterior Elevated Elements (E3) Ordinance
Recommended Action: Continue this item to the February 12, 2024 Regular City Council meeting
This item was continued upon approval of the agenda.
ITEM 5 OLD BUSINESS
None.
ITEM 6 NEW BUSINESS (Continued)
MOTION Councilmember Riggins moved, and Councilmember Silverstein seconded a motion to hear Item No. 6.D. after 10:30 p.m. The question was called, and the motion carried unanimously.
D. Wireless Local Coastal Program Amendment Coastal Commission Staff Comments Recommended Action: 1) Receive and file staff’s report; 2) Review and direct staff to submit a letter of objection regarding the suggested modifications for the California Coastal Commission (CCC) to consider at the February 7-9, 2024 CCC hearing; or 3) Direct staff to withdraw the application for the proposed Local Coastal Program Amendment (LCPA) and initiate a new LCPA to address comments from the CCC and hold public hearings on the new LCPA.
Planning Director Mollica presented the staff report.
The Council directed questions to staff.
Mayor Uhring opened the floor to public comment.
Speaker: Nichole McGinley (Jo Drummond deferred time to Nichole McGinley), Jenny Rusinko, Stephanie Sunwoo, and W. Scott McCollough 26 Malibu City Council
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As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff and Mr.
McCollough.
MOTION Councilmember Silverstein moved, and Councilmember Grisanti seconded a motion to receive and file staff’s report. The question was called, and the motion carried unanimously.
MOTION Councilmember Riggins moved, and Mayor Pro Tem Stewart seconded a motion to hear Item No. 6.F. after 10:30 p.m. The question was called, and the motion carried unanimously.
F. Agreement with California Highway Patrol
Recommended Action: Authorize the Mayor to execute an agreement with the California Highway Patrol for traffic enforcement services.
Public Safety Director Dueñas presented the staff report.
Mayor Uhring opened the floor to public comment.
Speaker: Jo Drummond, Ryan Embree
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
MOTION Mayor Pro Tem Stewart moved, and Councilmember Silverstein seconded a motion to authorize the Mayor to execute an agreement with the California Highway Patrol for traffic enforcement services.
The Council discussed the motion.
The motion carried unanimously.
C. School Safety Assessment
Recommended Action: 1) Receive a report on the School Safety Assessment; and 2) Provide direction to staff as appropriate.
CONSENSUS
By consensus, the City Council: 1) continued this item to the February 12, 2024 meeting; and 2) directed staff to schedule the item to be heard after the consent calendar on the February 12, 2024 agenda.
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E. Formula Retail Clearance Process
Recommended Action: Receive a presentation from the Planning Department describing the Formula Retail Clearance process established by Ordinance No. 431.
This item was continued to the February 12, 2024 meeting.
ITEM 7 COUNCIL ITEMS
A. Designation of Voting Delegate and Alternate Voting Delegate(s) for the 2024 Southern California Association of Governments (SCAG) Annual Regional Conference and General Assembly
Recommended Action: Designate the City’s voting delegate and alternate voting delegate for the Southern California Association of Governments 2024 Annual Regional Conference and General Assembly scheduled for May 2-3, 2024 in Palm Desert.
This item was continued to the February 12, 2024 meeting.
ITEM 6 NEW BUSINESS (Continued)
B. Reorganization of City Council Agenda Format for Regular City Council Meetings (Continued from January 8, 2024)
Recommended Action: 1) Adopt Resolution No. 23-53 superseding and replacing Resolution No. 99-007 and Section 1 (VI)(A) of Resolution No. 98-083 to establish the start time and format for Regular City Council Meetings, 2) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 514 amending Malibu Municipal Code Section 2.08.010 and determining the start time of regular City Council meetings shall be set by resolution, and 3) Direct staff to schedule second reading and adoption of Ordinance No. 514 for the January 22, 2024 City Council Regular meeting.
This item was continued to the February 12, 2024 meeting.
ADJOURNMENT
Mayor Uhring adjourned the meeting on January 23, 2024 at 12:03 a.m.
Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
STEVE UHRING, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
28 ATTACHMENT 5
MINUTES
MALIBU CITY COUNCIL
SPECIAL MEETING
FEBRUARY 12, 2024
COUNCIL CHAMBERS
4:30 P.M.
MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 4:30 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Steve Uhring; Mayor Pro Tem Doug Stewart (arrived at 4:33 p.m.); and Councilmembers Paul Grisanti, Marianne Riggins, and Bruce Silverstein
PLEDGE OF ALLEGIANCE
Councilmember Grisanti led the Pledge of Allegiance.
REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on February 9, 2024.
PUBLIC COMMENT ON CLOSED SESSION
Mayor Uhring opened the floor to public comment.
Speakers: None.
RECESS TO CLOSED SESSION
Councilmember Silverstein noted that he would recuse himself from the Jason Riddick et al. v. City of Malibu item.
At 4:32 p.m., the Council recessed to Closed Session to discuss the following items listed on the Closed Session agenda:
Mayor Pro Tem Stewart arrived at 4:33 p.m.
Conference with Legal Counsel – Anticipated Litigation
1. Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2)
Communication from California Department of Housing and Community Development Regarding Noncompliance with Housing Element Deadlines Number of potential cases: (1)
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Conference with Legal Counsel – Existing Litigation
1. Pursuant to Government Code §54956.9(d)(1)
Jason Riddick et al. v. City of Malibu, LASC Case No. 21SMCP00655 The Council reconvened at 6:35 p.m. with all Councilmembers present.
CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 4:30 p.m., after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9, with all Councilmembers present. He stated the Council discussed the item listed on the Closed Session agenda and took no reportable action on the first Closed Session item. On the second item, the Council unanimously authorized the City Attorney’s Office to file a request for review from the California Supreme Court of the Appellate Court decision in the Jason Riddick et al. v. City of Malibu matter. He stated Councilmember Silverstein was recused from the Riddick matter and did not participate in the discussion or vote on the matter.
ADJOURNMENT
Mayor Uhring adjourned the meeting at 6:34 p.m.
Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
STEVE UHRING, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
30 ATTACHMENT 6
MINUTES
MALIBU CITY COUNCIL
REGULAR MEETING
FEBRUARY 12, 2024
COUNCIL CHAMBERS
6:30 P.M.
MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 6:36 p.m.
ROLL CALL
The following persons were recorded in attendance by the Recording Secretary:
PRESENT: Mayor Steve Uhring; Mayor Pro Tem Doug Stewart; and Councilmembers Paul Grisanti, Marianne Riggins, and Bruce Silverstein
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Planning Director; Susan Dueñas, Public Safety Director; Parker Davis, Media Technician; Christina Muñoz, Deputy City Clerk; Travis Hart, and Deputy Public Works Director
PLEDGE OF ALLEGIANCE
Lester Tobias led the Pledge of Allegiance.
REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on February 2, 2024, with the amended agenda posted on February 9, 2024.
APPROVAL OF AGENDA
MOTION Councilmember Grisanti moved, and Councilmember Silverstein seconded a motion to approve the agenda.
FRIENDLY AMENDMENT
Councilmember Riggins moved to adjourn in memory of Matt Rapf.
The amendment was accepted by the maker and the seconder of the motion.
The motion carried unanimously.
ITEM 1 CEREMONIAL/PRESENTATIONS
None.
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ITEM 2.A. PUBLIC COMMENTS
Lester Tobias discussed delayed planning approvals for his projects. He stated the additional contract planners did not improve the department’s response time.
Fireball Lawrence announced 21 Miles in Malibu had won nine film festival awards. He announced a screening with Supervisor Horvath and Malibu High School.
Jill Hawkins was not present at the time of the hearing.
Jaime Francis stated he was unaware of the closed session regarding potential litigation over the housing element. He discussed the importance of the housing element and the City’s obligation to provide affordable housing.
Ryan Embree stated the Planning Commission only had four members at its last meeting to consider an application to restore a wetland buffer at 23855 Civic Center Way. He expressed concern that the project would minimize the wetlands.
Mario Sandoval, Mountains Recreation and Conservation Authority (MRCA) Coastal Planner, read a letter from Elena Eger into the record.
ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES Fireball Lawrence, Malibu Arts Commission, stated Poet Laureate Nathan Hassall had lead poetry workshops for children and adults since assuming office in September 2023 and announced the next Caffeinated Verse event on February 17, 2024. He announced The Ripple Effect: A Generative Poetry Workshop on February 24, 2024. He stated workshops had also been organized at all the Malibu schools. He stated the Malibu student art exhibit had opened on Monday and would close on March 10, 2024. He stated the next art exhibit would open on March 24, 2024 and feature art by Leigh McCloskey. He stated the Commission planned to continue the Art Talks program and had a program planned with Pep Williams.
City Manager McClary discussed the storm last week and reported that the City did not have any significant issues, but the City was monitoring 34 parcels that showed signs of slope failure or coastal erosion. He stated CHP was actively patrolling PCH and provided statistics from the CHP Task Force for January 29-February 11, 2024. He stated 154 citations were issued, 151 of those were for speeding, and ten verbal warnings were given. He stated an individual speeding over 100 mph was stopped and arrested for driving under the influence. He stated on February 8, 2024 additional CHP officers were deployed in Malibu for targeted enforcement and resulted in 23 citations for moving violations and 16 non-moving violations. He stated the City participated in the homeless count on January 24, 2024 and the local count showed 51 individuals experiencing homelessness in Malibu, the lowest count since 2016. He announced the new minimum wage effective July 1, 2024 was $17.27 per hour. He announced the Agents of Discovery program for children 32 Malibu City Council
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aged 4-12, launching at Legacy Park. He stated he attended the Library Subcommittee meeting and a Business Roundtable meeting. He stated he attended the League of California Cities City Manager conference with Assistant City Manager Toney and Deputy City Manager Brown.
Sergeant Chris Soderlund, Los Angeles County Sheriff’s Department, discussed the recent rainstorms and reported there were no significant issues. He discussed the earthquake on February 9, 2024, and the epicenter off Decker Road. He discussed the Sheriff Department’s critical facility checks in response to the earthquake and stated there was no damage to report. He stated CHP had begun patrolling PCH in Malibu seven days a week. He discussed an incident where a suspect fled in response to a DEA search warrant and the Sheriff Department assisted with apprehending the suspects. He stated the afternoon crime suppression car had been investigating vehicle burglaries and they had identified two vehicles associated with the burglaries and led to the arrest of a suspect. He reported crime statistics for January 2024. He stated there were 35 part one crimes, compared to 44 in 2023.
He stated there were two residential burglaries in the Malibu West area. He stated he planned to meet with Malibu West HOA on February 21, 2024 to discuss burglaries and security.
ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
In response to Councilmember Riggins, City Manager McClary stated staff would look into the letter from MRCA. He stated staff could provide the Council with an update on the Planning Department workload, current staffing, and consultants.
Councilmember Grisanti stated he read a new rule from the Department of Transportation outlining the types of studies for any work on PCH and other highways. He stated this rule could support the City’s effort to lower speed limits on PCH. He announced a Los Angeles County Coastal Resiliency Study meeting on February 28, 2024. He discussed the draft State of California Sea Level rise guidance. He discussed the Topanga Beach Lagoon Restoration project and announced a meeting at the end of February. He stated he attended the SM-MUSD California Voting Rights Act (CVRA) hearings in Malibu and Santa Monica. He stated school district separation was still progressing. He recommended students apply for the Harry Barovsky Memorial Youth Commission and discussed the positive impact it had on its members.
Councilmember Riggins stated she attended a Clean Power Alliance Board meeting and a Library Subcommittee meeting. She stated she attended the SM-MUSD CVRA hearing in Malibu and virtually attended the Santa Monica hearing. She announced the Point Dume Headlands weed pulling event on February 14, 2024.
She announced the next Library Speaker Series event on February 21, 2024, an organics recycling training on February 14, 2024, and an e-waste recycling event on February 17, 2024.
Councilmember Silverstein thanked the public speakers and those who sent written 33 Malibu City Council
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comments. He discussed the challenges of bureaucracy and concerns he heard from the public that the system was not fair to everyone. He encouraged members of the public to share any concerns they have with the Councilmembers. He stated the City had held an open public hearing on the housing element and the closed session today was publicly noticed on an agenda. He recommended Mr. Francis look into the facts of the law. He stated a project on the Smith Parcel wetlands had been approved by the Planning Commission and he hoped the project would be brought before the Council. He discussed the Council’s ability to appeal decisions of Planning Commission decisions and the 10-day window for the appeal. He stated he would like to review the letters from the MRCA and California Coastal Commission. He stated he attended an Administration and Finance Subcommittee meeting and a Library Subcommittee meeting. He discussed the latest homeless count and stated one of his campaign platforms was to reduce the number of people experiencing homelessness in the City for the public’s safety. He stated the number of people experiencing homelessness in the City had consistently decreased since the election. He discussed his work on the No Camping ordinance to address the issues with homelessness. He stated the No Camping ordinance could be more strictly enforced, particularly to address individuals living in their car who had the ability to travel to shelter. He stated he had received emails from individuals seeking to appeal the Council's decision regarding the award of the half marathon road race agreement. He stated that he understood the Council’s decision could not be appealed, but he had reviewed all the comments.
Mayor Pro Tem Stewart stated he attended an Administration and Finance Subcommittee meeting, and the SM-MUSD CVRA hearing in Malibu. He stated he met with Senator Irwin’s staff and city staff to discuss PCH safety. He commended the Public Works and Public Safety staff for their response to the winter storm. He discussed the earthquake on February 9, 2024 and the importance of earthquake preparedness. He stated the City had purchased automatic license plate readers and they could have assisted in locating the burglary suspect with the stolen plates if they were in operation. He discussed the Baker Tilly report and the importance of getting an update on the implementation of those recommendations.
He discussed a Department of Transportation study and stated he looked forward to reading it. He indicated agreement with Councilmember Silverstein’s comments on the housing element. He stated the City was trying to comply with the law and explained that work on the housing element was one of the things taking resources away from other projects. He discussed homelessness and the communities’ support for individuals experiencing homelessness. He stated it was important to help each person individually and explained that they each had different needs and challenges.
Mayor Uhring stated Lindsay Horvath contacted him immediately after the earthquake and rain events to check on conditions in Malibu. He commended Public Works Director DuBoux, Public Safety Director Dueñas, and Environmental Sustainability Director Bundy on their work in response to storms and earthquakes.
He announced an event at Adamson House at the end of February to tour the Adamson House and Surfrider Beach. He stated he met with Assemblymember 34 Malibu City Council
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Irwin and Mayor Pro Tem Stewart and she was optimistic about the proposed bill to allow speed cameras in Malibu. He stated the CVRA hearing videos are available online. He stated he attended an event in Agoura Hills about the 101 Freeway wildlife crossing. He stated he met with Captain Seetoo, Public Safety Director Dueñas, and City Manager McClary to discuss potential measures to improve safety on PCH. He stated Captain Seetoo had put reserve Deputies in the field and had directed the crime suppression cars to patrol PCH when they were not responding to a call or writing reports in the field.
ITEM 3 CONSENT CALENDAR
Item Nos. 3.B.10. and 3.B.11. were pulled by the Council.
MOTION Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to approve the Consent Calendar.
FRIENDLY AMENDMENT
Mayor Uhring moved to pull Item Nos. 3.B.10 and 3.B.11.
The amendment was accepted by the maker and the seconder.
The motion carried unanimously.
The Consent Calendar consisted of the following items:
A. Previously Discussed Items
None.
B. New Items
1. Waive Further Reading
Recommended Action: After the City Attorney has read the title, waive full reading of ordinances considered on this agenda for introduction on first reading and/or second reading and adoption.
2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 71300-71511 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. 740 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,268,192.75.City of Malibu payroll check number 5399-5406 and ACH deposits were issued in the amount of $869,531.11.
3. Approval of Minutes
Recommended Action: Approve the minutes for the July 10, 2023 Malibu City Council Regular meeting, August 7, 2023 Malibu City Council Special meeting, and August 14, 2023 Malibu City Council Regular meeting.
4. Fiscal Year 2022-23 Fourth Quarter Financial Report
Recommended Action: Receive and file Fiscal Year (FY) 2022-23 Fourth Quarter financial information.
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5. Fiscal Year 2023-24 First Quarter Financial Report
Recommended Action: Receive and file Fiscal Year (FY) 2023-24 First Quarter financial information.
6. Annual Comprehensive Financial Report and Management Letter for Fiscal Year 2022-23
Recommended Action: Receive and file the Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2022-23.
7. Disposal of Surplus Property
Recommended Action: Approve the disposal of surplus City equipment.
8. Amendment to Professional Services Agreement with Kimley Horn and Associates, Inc.
Recommended Action: Authorize the Mayor to execute Amendment No. 4 to the Professional Services Agreement with Kimley Horn and Associates, Inc. in the amount of $297,850 for a total not to exceed $3,240,860 for additional engineering design during construction and extending the term of the agreement for the Pacific Coast Highway Signal Synchronization Project.
9. Amendment to Professional Services Agreement with STLR Corporation, dba Ryland School Business Consulting
Recommended Action: Authorize the Mayor to execute Amendment No. 8 to the Professional Services Agreement with STLR Corporation, dba Ryland School Business Consulting for a total contract amount of $477,710.
12. Resolution Ratifying the Director of Emergency Services’ Proclamation of Existence of a Local Emergency
Recommended Action: Adopt Resolution No. 24-05 ratifying the proclamation of existence of a local emergency by the Director of Emergency Services.
The following items were pulled from the consent calendar for individual consideration:
10. Amendment to Professional Services Agreement with California Coastal Works, LLC
Recommended Action: Authorize the Mayor to execute Amendment No. 3 to Agreement with California Coastal Works, LLC for planning contract services to extend the term of the agreement and increase the total compensation.
The Council discussed the item and directed questions to staff.
MOTION Mayor Pro Tem Stewart moved, and Mayor Uhring seconded a motion to authorize the Mayor to execute Amendment No. 3 to Agreement with California Coastal Works, LLC for planning contract services to extend the term of the agreement and increase the total compensation. The motion carried unanimously.
11. Malibu Education Foundation General Fund Grant Memorandum of Understanding
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Recommended Action: 1) Authorize the Mayor to execute the Memorandum of Understanding (MOU) between the City and the Malibu Education Foundation (MEF) for a General Fund Grant establishing a centralized fundraising entity upon approval of the MEF’s articles of incorporation by the Secretary of State; and 2) Appropriate one-time funding of $353,100 from the General Fund Undesignated Reserve to Account 100-7007-5930-02 (City Council-Community Grants).
The Council discussed the item and directed questions to staff.
Mayor Pro Tem Stewart
Councilmember Riggins
Unanimous
MOTION Mayor Pro Tem Stewart moved, and Councilmember Riggins seconded a motion to: 1) authorize the Mayor to execute the Memorandum of Understanding (MOU) between the City and the Malibu Education Foundation (MEF) for a General Fund Grant establishing a centralized fundraising entity upon approval of the MEF’s articles of incorporation by the Secretary of State; and 2) appropriate one-time funding of $353,100 from the General Fund Undesignated Reserve to Account 100-7007-5930- 02 (City Council-Community Grants). The motion carried unanimously.
ITEM 6 NEW BUSINESS
A. School Safety Assessment (Continued from January 22, 2024) Recommended Action: 1) Receive a report on the School Safety Assessment; and 2) Provide direction to staff as appropriate.
Public Safety Director Dueñas and Carey Upton and Isaac Burgess (SM-MUSD) presented the staff report.
Mayor Uhring opened the floor to public comment.
Speaker: Jake Lingo, Jo Drummond, Dane Skophammer, and Ryan Embree As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff, Mr. Upton, Mr.
Burgess, and Sergeant Soderlund.
MOTION Councilmember Silverstein moved, and Councilmember Riggins seconded a motion to direct staff to bring back an item to consider an amendment to the Guidepost Solutions agreement to provide school safety implementation updates.
The motion carried unanimously.
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ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. Exterior Elevated Elements (E3) Ordinance (Continued from January 22, 2024) Recommended Action: 1) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 515 determining the project is categorically exempt from the California Environmental Quality Act and adding Chapter 15.30 to Title 15 of the Malibu Municipal Code to create a process to regulate exterior elevated elements within the City; and 2) Direct staff to schedule second reading and adoption of Ordinance No. 515 for the February 26, 2024 City Council meeting.
Environmental Sustainability Director Bundy presented the staff report.
The Council directed questions to staff.
Mayor Uhring opened the floor to public comment.
Speakers: Norm Haynie, and Ryan Embree
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
MOTION Councilmember Grisanti moved, and Councilmember Riggins seconded a motion to 1) introduce on first reading Ordinance No. 515 determining the project is categorically exempt from the California Environmental Quality Act and adding Chapter 15.30 to Title 15 of the Malibu Municipal Code to create a process to regulate exterior elevated elements within the City; and 2) Direct staff to schedule second reading and adoption of Ordinance No. 515 for the February 26, 2024 City Council meeting.
Interim City Attorney Rusin read the title of the ordinance.
The question was called, and the motion carried unanimously.
RECESS At 9:17 p.m., Mayor Uhring recessed the meeting. The meeting resumed at 9:29 p.m. with all Councilmembers present.
ITEM 5 OLD BUSINESS
None.
ITEM 6 NEW BUSINESS (Continued)
B. Fiscal Year 2023-24 Second Quarter Financial Report and Mid-Year Budget Amendments
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Recommended Action: 1) Receive and file Fiscal Year (FY) 2023-24 Second Quarter Financial Report; 2) Adopt Resolution No. 24-03 amending the annual budget for Fiscal Year 2023-24; and 3) Adopt Resolution No. 24-04 approving Recreation Assistant II job specifications.
Assistant City Manager Toney presented the staff report.
Mayor Uhring opened the floor to public comment.
Speaker: Jo Drummond, and Ryan Embree
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
MOTION Mayor Pro Tem Stewart moved, and Councilmember Silverstein seconded a motion to: 1) receive and file Fiscal Year (FY) 2023-24 Second Quarter Financial Report; 2) adopt Resolution No. 24-03 amending the annual budget for Fiscal Year 2023- 24; and 3) adopt Resolution No. 24-04 approving Recreation Assistant II job specifications. The motion carried unanimously.
C. Malibu Little League Fee Waiver
Recommended Action: Consider whether to approve the request from Malibu Little League to waive the field use and snack shack equipment rental fees for the 2024 baseball and softball season.
Community Services Director Riesgo presented the staff report.
Mayor Uhring opened the floor to public comment.
Speaker: Jake Lingo
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
MOTION Councilmember Riggins moved, and Councilmember Silverstein seconded a motion to approve the request from Malibu Little League to waive the field use and snack shack equipment rental fees for the 2024 baseball and softball season.
The Council discussed the item.
The motion carried unanimously.
D. Agreement for Community Outreach and Education Related to City-Owned Vacant Lots
Recommended Action: 1) Authorize Mayor to execute Professional Services 39 Malibu City Council
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Agreement with Tripepi Smith to provide Community Outreach and Engagement Services related to City-owned Vacant Lots in the amount of $130,000; and 2) Appropriate $55,000 from the General Fund Undesignated Reserve to Public Works Engineering, Professional Services, Account 100-3008-5100.
Deputy City Manager Brown presented the staff report.
The Council directed questions to staff.
Mayor Uhring opened the floor to public comment.
Speaker: Jake Lingo, Dane Skophammer, Jo Drummond, Ryan Embree, and Josh Spiegel
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
The Council discussed the item and directed questions to staff.
MOTION Mayor Pro Tem Stewart moved, and Councilmember Silverstein seconded a motion to 1) authorize Mayor to execute Professional Services Agreement with Tripepi Smith to provide Community Outreach and Engagement Services related to Cityowned Vacant Lots in the amount of $130,000; and 2) appropriate $55,000 from the General Fund Undesignated Reserve to Public Works Engineering, Professional Services, Account 100-3008-5100.
The Council discussed the item and directed questions to staff and Ryder Smith (Tripepi Smith).
The motion carried unanimously.
MOTION Councilmember Riggins moved, and Mayor Pro Tem Stewart seconded a motion to hear Item No. 6.E. after 10:30 p.m. The motion carried unanimously.
E. Malibu Farmer’s Market
Recommended Action: Review the proposed options for the return/relocation of the Malibu Farmer’s Market and provide staff direction on next steps.
Deput City Manager Brown presented the staff report.
Mayor Uhring opened the floor to public comment.
Speaker: Dane Skophammer
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
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The Council discussed the item and directed questions to staff.
Without objection, Mayor Uhring received and filed the update.
F. Strategic Plan Project Update
Recommended Action: Receive and file a progress report on the Strategic Plan Projects.
This item was continued to the February 26, 2024 meeting.
MOTION Councilmember Riggins moved, and Councilmember Grisanti seconded a motion to hear Item No. 7.A. after 10:30 p.m.
ITEM 7 COUNCIL ITEMS
A. Designation of Voting Delegate and Alternate Voting Delegate(s) for the 2024 Southern California Association of Governments (SCAG) Annual Regional Conference and General Assembly
Recommended Action: Designate the City’s voting delegate and alternate voting delegate for the scheduled for May 2-3, 2024 in Palm Desert.
Mayor Uhring opened the floor to public comment.
Speaker: Jaime Francis stated he intended to speak on Item No. 6.F.
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.
MOTION Mayor Uhring moved, and Councilmember Silverstein seconded a motion to designate Councilmember Riggins as the delegate and Councilmember Grisanti as the alternate voting delegate for the Southern California Association of Governments 2024 Annual Regional Conference and General Assembly. The the motion carried unanimously.
B. Proposed Advocacy for Changes to the California State Vehicle Code to Deter Excessive Speeding on PCH (Mayor Pro Tem Stewart and Councilmember Grisanti)
Recommended Action: At the request of Mayor Pro Tem Stewart and Councilmember Grisanti: 1) Consider advocating for proposed changes to the California State Vehicle Code to deter excessive speeding on PCH; and 2) Provide direction to staff, as needed, to come back at a future date with a resolution advocating for changes or a letter to California state officials.
This item was continued to the February 26, 2024 meeting.
ADJOURNMENT
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Mayor Uhring adjourned the meeting at 10:53 p.m. in memory of Matt Rapf.
Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
STEVE UHRING, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
42
Agenda Item # 3.B.4.
Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Steve McClary, City Manager
Date prepared: March 18, 2024 Meeting date: April 8, 2024 Subject: Professional Services Agreement with Managed Career Solutions RECOMMENDED ACTION: Authorize the City Manager to execute a Professional Services Agreement with Managed Career Solutions, Social Purpose Corporation, DBA Managed Career Solutions Rehab & FTI-LA & American Medical Careers (MCS) for erosion remediation and mitigation work and trail clearance at Charmlee Wilderness Park.
FISCAL IMPACT: There is no fiscal impact associated with the recommended action.
Funding for the work, tools, and all supporting costs will be provided by the United States Department of Labor’s (DOL) Disaster Recovery National Dislocated Worker Grant (NDWG) awarded to the California Employment Development Department (EDD).
STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.
DISCUSSION: The Malibu area and much of California experienced an unprecedented series of atmospheric river storms from December 27, 2022, through January 31, 2023.
State officials reported road erosion, collapsed hillsides, and debris flow, damaging public spaces and essential transportation routes.
On January 14, 2023, President Joseph Biden approved Governor Gavin Newsom’s request for a Major Disaster Declaration (Declaration). The Declaration provided a broad range of federal assistance for individuals and public infrastructure impacted by the storms. Included in the Declaration, Los Angeles was one of the many counties needing repairs for damage caused by the weather event.
On April 13, 2023, the DOL approved the California EDD application for NDWG funds to help with storm recovery efforts. On April 25, 2023, the Economic and Workforce Development Department (EWDD) received a notice of award from EDD for the first City Council Meeting
04-08-24
Item
3.B.4.
1
Agenda Item # 3.B.4.
increment totaling $2,100,000. MCS was awarded NDWG funds in December 2023 and contacted the City of Malibu to complete erosion remediation and mitigation work at Charmlee Wilderness Park.
MCS worked with staff to plan a two-phase repair project. Phase 1 includes trail clearance, and Phase 2 includes erosion remediation and mitigation. The remediation and mitigation work will take six to eight months to complete.
The City has had three prior maintenance-related Agreements with MCS for Charmlee Wilderness Park, Legacy Park, and Trancas Field. The Agreement at Charmlee Wilderness Park occurred from June 1, 2020, to December 31, 2022. MCS crews cleared trails, removed damaged materials, and mitigated erosion damage, saving the City approximately $838,000 in maintenance costs.
Staff recommends that Council authorize the City Manager to execute a Professional Services Agreement with MCS for erosion remediation and mitigation work, and trail clearance at Charmlee Wilderness Park.
ATTACHMENTS: Professional Services Agreement with Managed Career Solutions 2 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of March 25, 2024 by and between the City of Malibu (hereinafter referred to as the "City"), and Managed Career Solutions, Social Purpose Corporation, DBA Managed Career Solutions Rehab & FTI-LA & American Medical Careers (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 the clearance and remediation of trails and erosion control and mitigation at Charmlee Wilderness Park.
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.
E. The Consultant agrees to complete all work described in Exhibit B of this Agreement at no cost to the City, through the United States Department of Labor's Disaster Recovery National Dislocated Worker Grant, administered by the California Employment Development Department, and issued by the City of Los Angeles Economic and Workforce Development Department.
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 March 25, 2024, and will remain in effect for a period of two 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 their 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 their designee, has the authority to provide that approval or authorization.
DocuSign Envelope ID: 6D86282D-1D26-4573-B078-01E18C8688D5 3 Agreement for Professional Services
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4.0 COMPENSATION FOR SERVICES. The cost of services shall be $0. No compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or their designee.
4.1 The Consultant shall not submit to the City any bills or invoices during the term of this Agreement.
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 DocuSign Envelope ID: 6D86282D-1D26-4573-B078-01E18C8688D5 4 Agreement for Professional Services
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relieved of liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages.
6.2 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.
6.6 Compliance with Applicable Law. The Consultant and the City shall DocuSign Envelope ID: 6D86282D-1D26-4573-B078-01E18C8688D5 5 Agreement for Professional Services
Managed Career Solutions
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.
6.10 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 DocuSign Envelope ID: 6D86282D-1D26-4573-B078-01E18C8688D5 6 Agreement for Professional Services
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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.
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 DocuSign Envelope ID: 6D86282D-1D26-4573-B078-01E18C8688D5 7 Agreement for Professional Services
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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: Philip Starr, PsyD
City Manager Executive Director
City of Malibu Managed Career Solutions, SPC
23825 Stuart Ranch Road 3333 Wilshire Blvd. #405
Malibu, CA 90265-4861 Los Angeles, CA 90010
TEL (310) 456-2489 x 224 TEL (213) 355-3512
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 California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
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7.2 Disclosure not Required. By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
This Agreement is executed on _______________, 2024, at Malibu, California, and effective as of March 25, 2024.
CITY OF MALIBU:
___________________________________
STEVE McCLARY, City Manager
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
CONSULTANT:
____________________________________
By: PHILIP STARR, PsyD, Executive
Director
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
DocuSign Envelope ID: 6D86282D-1D26-4573-B078-01E18C8688D5 9 Agreement for Professional Services
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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.
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 DocuSign Envelope ID: 6D86282D-1D26-4573-B078-01E18C8688D5 10 Agreement for Professional Services
Managed Career Solutions
performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.
Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.
City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
DocuSign Envelope ID: 6D86282D-1D26-4573-B078-01E18C8688D5 11 Agreement for Professional Services
Managed Career Solutions
Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
Additional Insured Status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
Prohibition Of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests’ provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.
City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Consultant, the City and Consultant may renegotiate the Consultant’s compensation.
DocuSign Envelope ID: 6D86282D-1D26-4573-B078-01E18C8688D5 12 Agreement for Professional Services
Managed Career Solutions
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.
DocuSign Envelope ID: 6D86282D-1D26-4573-B078-01E18C8688D5 13 08/01/2023
New Century Insurance Services
License #0B07085
16 N. 2nd Street
Alhambra, CA 91801
Angela Tseng
(626) 300-9000 (626) 570-0908
Managed Career Solutions, SPC, DBA: MCS Rehab & FTI-LA & American Medical Careers
3333 Wilshire Blvd # 405
Los Angeles CA 90010
Philadelphia Indemnity Insurance Co 18058
Hartford Accident And Indemnity Insurance Company 22357 State Compensation Insurance Fund of CA 35076
Hiscox Insurance Company Inc 10200
CL2363075928
A PHPK2552663 07/01/2023 07/01/2024
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
B 72UECKT9398 07/07/2023 07/07/2024
1,000,000
A PHUB863264 07/01/2023 07/01/2024
3,000,000
3,000,000
C 9319929-2023 07/01/2023 07/01/2024
1,000,000
1,000,000
1,000,000
D
Professional Liability
Claims-made : Retro 1/11/2011 MPL1601430.23 07/25/2023 07/25/2024 LIMIT $3,000,000 RETENTION $10,000
CERTIFICATE HOLDER IS RESPECTED AS AN ADDITIONAL INSURED PER FORM CG 20 26 07 04 ATTACHED.
City of Malibu
23825 Stuart Ranch Rd.
Malibu CA 90265
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
DocuSign Envelope ID: 6D86282D-1D26-4573-B078-01E18C8688D5 14 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page of ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operations;
or
2. In connection with your premises owned by or
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
PHPK2552663
City of Malibu - Community Services
6 18
DocuSign Envelope ID: 6D86282D-1D26-4573-B078-01E18C8688D5 15 PAGE 1 OF 7 – EXHIBIT B
EXHIBIT B
City of Malibu Charmlee Wilderness Park
Trail Remediation, Erosion Control and Mitigation
Scope of Work
1. Background
Charmlee Wilderness Park, located at 2577 Encinal Canyon Rd, Malibu, CA 90265, is owned by the City of Malibu. The park was heavily affected by the winter storms in January 2023. The City of Malibu has continued to keep trails and park facilities open and plans to continue this improvement work through the work provided by the Consultant.
2. Scope of Work
General Specifications
The Consultant shall provide skilled and adequately trained personnel, materials, tools, equipment, and transportation to perform trail remediation, erosion control, and mitigation at Charmlee Wilderness Park.
The Consultant shall be responsible for providing all supplies and equipment, which are required in connection with the services to be performed under this Agreement.
The Consultant shall not subcontract any portion of the Agreement or any additions made to the Agreement without first receiving approval from the Community Services Director.
All persons engaged in the scope of work shall be considered employees of the Consultant, with the supervisor being directly responsible for their work.
Location and Trails
The Consultant shall provide trail remediation, erosion control, and mitigation at Charmlee Wilderness Park located at 2577 Encinal Canyon Road, Malibu, CA 90265. The trails and priority areas are outlined in Attachments 1 through 4. • Charmlee Wilderness Park Blank Trail Map – a reference to all trails without markings (Attachment 1)
• Charmlee Wilderness Park Trail Clearance Priority Map – park trail sections and areas of priority from 1-4 (Attachment 2)
• Charmlee Wilderness Park Trail Clearance Width Map – desired trail width, 6 feet to 12 feet (Attachment 3)
• Charmlee Wilderness Park Trail Remediation Priority Map – areas where trail remediation is needed, prioritized from 1-6 (Attachment 4) The Consultant will remove overgrown weeds on approximately 6 miles of trails, picnic areas, and other designated areas outlined in Attachments 1 through 4.
DocuSign Envelope ID: 6D86282D-1D26-4573-B078-01E18C8688D5 16 PAGE 2 OF 7 – EXHIBIT B
Tools and Clearance
The Consultant shall perform all work by following the best industry standards of landscape maintenance, workmanship, safety practices, and standards of cleanliness. All work shall be performed without the use of poisons, including pesticides, herbicides, insecticides, and rodenticides.
The Consultant may use mechanical methods or hand tools to perform trail remediation, erosion control and mitigation. All work must be completed following the City’s EarthFriendly Management Program (Attachment 5).
Vehicles, including utility vehicles (UTVs or RTVs), cannot be used on the trails unless approved by the Community Services Director and/or their designee.
Debris and green waste will be removed by the Consultant and placed in the appropriate waste bins.
The Consultant will use existing materials to backfill trail erosion. The introduction of new materials for erosion control methods must be approved by the Community Services Director and/or their designee before installation.
The Consultant will secure and store all tools in the designated on-site storage area each day. The City is not responsible for lost or stolen tools for the duration of the Agreement.
Hours and Access
The Consultant will coordinate priority areas and timelines with the Community Services Director and/or their designee. The timelines must be approved before work is performed and/or scheduled.
The Consultant may work at Charmlee Wilderness Park from 7:00 AM to 4:00 PM Monday through Saturday. The park will remain open to the general public while the work is being performed. The Consultant cannot work on legal holidays.
The Consultant may park their vehicles in designated parking lots near the primary restroom and Nature Center. The Consultant cannot drive a vehicle through the park trails or other designated areas unless approved by the Community Services Director and/or their designee.
The Consultant shall adequately secure keys, other entry devices, and codes provided by the City. The Consultant shall maintain a record of the keys or codes issued to its employees. The Consultant shall not allow such items to be duplicated or removed from Charmlee Wilderness Park.
DocuSign Envelope ID: 6D86282D-1D26-4573-B078-01E18C8688D5 17 PAGE 3 OF 7 – EXHIBIT B
Reporting and Communication
The Consultants crew(s) shall work under the supervision of a Contractor designated Lead Worker. All working employees must be at least eighteen (18) years of age. All employees must be able to follow directionsand physically capable of the duties assigned to them.
The Consultant will provide at least one satellite phone to the on-site Lead Worker/Supervisor. The telephone number will be given to Community Services Director and/or their designee.
At the request of the Community Services Director and/or their designee, the Consultant may be requested to provide copies of daily inspection forms, log-in sheets, or other reporting documents related to the Scope of Work.
The Consultant will report any park maintenance or safety concerns to the Community Services Director and/or their designee via email or telephone by the next business day.
The Consultant will contact the Los Angeles County Sheriff Department Lost Hills Division to report crimes or illegal activity. The Consultant will remain on-site until Sheriff’s Deputies arrive and report the incident to the Community Services Director and/or their designee via email or telephone within 12 hours.
DocuSign Envelope ID: 6D86282D-1D26-4573-B078-01E18C8688D5 18 PAGE 4 OF 7 – EXHIBIT B
Charmlee Wilderness Park Blank Trail Map
ATTACHMENT 1
DocuSign Envelope ID: 6D86282D-1D26-4573-B078-01E18C8688D5 19 PAGE 5 OF 7 – EXHIBIT B
Charmlee Wilderness Park Trail Clearance Priority Map
ATTACHMENT 2
DocuSign Envelope ID: 6D86282D-1D26-4573-B078-01E18C8688D5 20 PAGE 6 OF 7 – EXHIBIT B
Charmlee Wilderness Park Trail Clearance Map
ATTACHMENT 3
DocuSign Envelope ID: 6D86282D-1D26-4573-B078-01E18C8688D5 21 PAGE 7 OF 7 – EXHIBIT B
Charmlee Wilderness Park Remediation Priority Map
ATTACHMENT 4
3 1
2 3
4 4
4 5
6 DocuSign Envelope ID: 6D86282D-1D26-4573-B078-01E18C8688D5 22
Agenda Item 3.B.5.
Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Luis Flores, Public Safety Liaison
Reviewed by: Susan Dueñas, Public Safety Director
Approved by: Steve McClary, City Manager
Date prepared: March 19, 2024 Meeting date: April 8, 2024 Subject: Amendment to Professional Services Agreement with The People Concern for 3-Year Extension
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with The People Concern for a 3-year extension.
FISCAL IMPACT: The proposed contract extension will cost $1,275,000 for a period of three fiscal years beginning July 1, 2024, through June 30, 2027. The cost of the contract for the first year is $405,000 and will be included in the FY 2024-25 Proposed Budget in Account No. 100-7021-5119-00 (Public Safety - Homeless Outreach and Support Services).
STRATEGIC PRIORITY: This item supports the Public Safety priority identified in the Adopted FY 2023-24 Strategic Priority Project List.
DISCUSSION: Since 2017, the City of Malibu has provided homeless outreach services through a contract with The People Concern (TPC). TPC provides a three-person Outreach Team that engages people and families experiencing homelessness on the streets, hillsides, and beaches of Malibu. The team provides housing navigation services and individualized support to people experiencing homelessness by helping each client develop a plan to address their barriers to housing and become self-sufficient. Through a coordinated effort, individuals transition from experiencing homelessness on the streets of Malibu into temporary, interim, or permanent housing while connecting them to a fully integrated system of care – including mental and medical health care, substance abuse City Council Meeting
04-08-24
Item
3.B.5.
1
Agenda Item 3.B.5.
services, and employment services. The outreach efforts are critically important to the overall homeless response efforts of the City, especially as it relates to public safety.
In 2023, the Outreach Team helped 51 unhoused people in Malibu attain permanent and interim housing or family reunification. At the same time, the Outreach Team works with City staff and the Los Angeles County Sheriff’s Department to remove encampments in the City to help prevent fires. People living in encampments are always given advanced notice and are offered services, shelter, and housing, and their possessions are stored and tracked. Twenty-nine encampments were removed in 2023, 41 in 2022, and 58 in 2021. The sites are revisited regularly to ensure that new encampments are not established. As a result, the number of fires originating from encampments has decreased from 23 in 2021 to four in 2022, and then to two in 2023.
The annual Greater Los Angeles Homeless Count that took place in Malibu on January 24, 2024, showed a continuing, strong decline in homelessness in Malibu. The preliminary data identified 51 people experiencing homelessness, the lowest number since the City began participating in the Count, and a 30% decline from last year.
The steadily decreasing homeless count, encampment, and encampment-related fire numbers, as well as the increase in the amount of people being housed, shows the effectiveness of the City’s collaboration with the Outreach. Therefore, the City would like to amend the existing agreement to continue the services for three additional fiscal years ending on June 30, 2027. The total cost for the 3-year contract extension is $1,275,000 and includes all personnel, non-personnel, and indirect/administrative costs (Attachment 2).
The proposed amendments to the agreement include the following:
1) Extend the Term of Agreement from June 30, 2024 to June 30, 2027. 2) Increase the Compensation for Services of $770,000 by $1,275,000 for a revised total of $2,045,000.
Staff recommends approving Amendment No.1 (Attachment 1) to ensure that the successful program continues and there is no interruption in service provision.
ATTACHMENTS:
1. Amendment No. 1 to the Professional Services Agreement
2. The People Concern – Proposed Budget for Contract Extension 2 AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered in the City of Malibu on April 8, 2024 by and between the CITY OF MALIBU, hereinafter referred to as City, and The People Concern, hereinafter referred to as Consultant.
The City and the Consultant agree as follows:
RECITALS
A. On June 27, 2022, the City entered into an Agreement with Consultant for consulting services for certain projects relating to providing outreach, emergency and interim housing options, and housing navigation services for homeless individuals and families in the Malibu community (the "Agreement").
B. The City desires to amend the Agreement to extend the term of the agreement f rom June 30, 2024 to
June 30, 2027 and increase the compensation for services of $770,000 by $1,275,000 for a revised total of $2,045,000, and Consultant has submitted a proposal for this purpose that is acceptable to the City.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. Section 2.0- Term of Agreement, of the Agreement, is hereby extended to June 30, 2027.
2. Section 4.0 - Compensation for Services, of the Agreement, is hereby amended as set fo1ih in Exhibit A attached hereto.
3. The Paiiies agree that this Amendment will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
4. All terms and conditions of the Agreement not amended by this Amendment No. 1 remain in full force and effect.
This Agreement is executed on April 8, 2024, at Malibu, California, and effective as of April 8, 2024.
ATTEST:
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
THIS DOCUMENT HAS BEE REVIE\ VED
BY THE CITY ATTOR EY'S OFFICE
TREVOR RUSIN, Interim City Attorney
CITY OF MALIBU:
STEVE UHRING, Mayor
CONSULT ANT:
3 ATTACHMENT 1
The People Concern
City of Malibu - Homeless Outreach Services
Revised: 03/14/24
FY 2024-25
FUNDING 405,000
PERSONNEL
Position/Title Annual FTE Alloc # Months
Senior Director 120,750 1 5% 12 6,038
Program Director 114,280 1 15% 12 17,142
Program Manager 73,710 1 50% 12 36,855
Outreach & Engagement Case Manager 60,305 1 100% 12 60,305 Outreach & Engagement Case Manager 52,420 1 100% 12 52,420 Outreach & Engagement Case Manager 52,420 1 100% 12 52,420 Subtotal Wages 225,180
Fringe Benefits 27% 3.70 60,798
Total Personnel 285,978
NON PERSONNEL
Expense Type
General Liab. & Prop. Insurance 3,300
Utilities (Electic, Sewage, Gas) 4,500
Telecommunications - Office, Cell Phone and Internet 4,000 Office Supplies and Outreach Materials 1,800
Parking & Mileage 6,100
IT Network, IT equipment and rental -
Client Related - Housing Facilitation 25,000
Facility Costs: Maintenance & Repairs Supplies 3,534
Rent 33,200
Training 770
Total Non Personnel 82,204
INDIRECT/ADMIN
Total Indirect Costs @ 10% 36,818
Total Budget 405,000
Summary of Costs
Salaries $ 225,180
Benefits $ 60,798
Operating $ 82,204
Other $ -
Indirect Costs $ 36,818
Totals $ 405,000
-
Exhibit A
4 The People Concern
City of Malibu - Homeless Outreach Services
Revised: 03/14/24
FY 2024-25 FY 2025-26 FY 2026-27 Total Budget
FUNDING 405,000 425,000 445,000 1,275,000
PERSONNEL
Position/Title Annual FTE Alloc # Months
Senior Director 120,750 1 5% 12 6,038 6,339 6,656 19,033 Program Director 114,280 1 15% 12 17,142 17,999 18,899 54,040 Program Manager 73,710 1 50% 12 36,855 38,698 40,633 116,185 Outreach & Engagement Case Manager 60,305 1 100% 12 60,305 63,320 66,486 190,112 Outreach & Engagement Case Manager 52,420 1 100% 12 52,420 55,041 57,793 165,254 Outreach & Engagement Case Manager 52,420 1 100% 12 52,420 55,041 57,793 165,254 - -
Subtotal Wages 225,180 236,438 248,260 709,878 - - -
Fringe Benefits 27% 3.70 60,798 63,838 67,030 191,667 - Total Personnel 285,978 300,277 315,291 901,546
-
NON PERSONNEL
Expense Type -
General Liab. & Prop. Insurance 3,300 3,465 3,638 10,403 Utilities (Electic, Sewage, Gas) 4,500 4,725 4,961 14,186 Telecommunications - Office, Cell Phone and Internet 4,000 4,200 4,410 12,610 Office Supplies and Outreach Materials 1,800 1,890 1,985 5,675 Parking & Mileage 6,100 6,405 6,725 19,230
IT Network, IT equipment and rental - - - -
Client Related - Housing Facilitation 25,000 26,250 27,563 78,813 Facility Costs: Maintenance & Repairs Supplies 3,534 3,711 3,896 11,141 Rent 33,200 34,633 35,228 103,061
Training 770 809 849 2,427
-
Total Non Personnel 82,204 86,087 89,255 257,545
-
INDIRECT/ADMIN
Total Indirect Costs @ 10% 36,818 38,636 40,455 115,909 - Total Budget 405,000 425,000 445,000 1,275,000
5 The People Concern
City of Malibu - Homeless Outreach Services
Revised: 03/14/24
FY 2024-25
FUNDING 405,000
PERSONNEL
Position/Title Annual FTE Alloc # Months
Senior Director 120,750 1 5% 12 6,038
Program Director 114,280 1 15% 12 17,142
Program Manager 73,710 1 50% 12 36,855
Outreach & Engagement Case Manager 60,305 1 100% 12 60,305 Outreach & Engagement Case Manager 52,420 1 100% 12 52,420 Outreach & Engagement Case Manager 52,420 1 100% 12 52,420 Subtotal Wages 225,180
Fringe Benefits 27% 3.70 60,798
Total Personnel 285,978
NON PERSONNEL
Expense Type
General Liab. & Prop. Insurance 3,300
Utilities (Electic, Sewage, Gas) 4,500
Telecommunications - Office, Cell Phone and Internet 4,000 Office Supplies and Outreach Materials 1,800
Parking & Mileage 6,100
IT Network, IT equipment and rental -
Client Related - Housing Facilitation 25,000
Facility Costs: Maintenance & Repairs Supplies 3,534
Rent 33,200
Training 770
Total Non Personnel 82,204
INDIRECT/ADMIN
Total Indirect Costs @ 10% 36,818
Total Budget 405,000
Summary of Costs
Salaries $ 225,180
Benefits $ 60,798
Operating $ 82,204
Other $ -
Indirect Costs $ 36,818
Totals $ 405,000
-
ATTACHMENT 2
6 The People Concern
City of Malibu - Homeless Outreach Services
Revised: 03/14/24
FY 2024-25 FY 2025-26 FY 2026-27 Total Budget
FUNDING 405,000 425,000 445,000 1,275,000
PERSONNEL
Position/Title Annual FTE Alloc # Months
Senior Director 120,750 1 5% 12 6,038 6,339 6,656 19,033 Program Director 114,280 1 15% 12 17,142 17,999 18,899 54,040 Program Manager 73,710 1 50% 12 36,855 38,698 40,633 116,185 Outreach & Engagement Case Manager 60,305 1 100% 12 60,305 63,320 66,486 190,112 Outreach & Engagement Case Manager 52,420 1 100% 12 52,420 55,041 57,793 165,254 Outreach & Engagement Case Manager 52,420 1 100% 12 52,420 55,041 57,793 165,254 - -
Subtotal Wages 225,180 236,438 248,260 709,878 - - -
Fringe Benefits 27% 3.70 60,798 63,838 67,030 191,667 - Total Personnel 285,978 300,277 315,291 901,546
-
NON PERSONNEL
Expense Type -
General Liab. & Prop. Insurance 3,300 3,465 3,638 10,403 Utilities (Electic, Sewage, Gas) 4,500 4,725 4,961 14,186 Telecommunications - Office, Cell Phone and Internet 4,000 4,200 4,410 12,610 Office Supplies and Outreach Materials 1,800 1,890 1,985 5,675 Parking & Mileage 6,100 6,405 6,725 19,230
IT Network, IT equipment and rental - - - -
Client Related - Housing Facilitation 25,000 26,250 27,563 78,813 Facility Costs: Maintenance & Repairs Supplies 3,534 3,711 3,896 11,141 Rent 33,200 34,633 35,228 103,061
Training 770 809 849 2,427
-
Total Non Personnel 82,204 86,087 89,255 257,545
-
INDIRECT/ADMIN
Total Indirect Costs @ 10% 36,818 38,636 40,455 115,909 - Total Budget 405,000 425,000 445,000 1,275,000
7
Agenda Item # 3.B.6.
Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Steve McClary, City Manager
Date prepared: March 20, 2024 Meeting date: April 8, 2024 Subject: Zuma Foundation Inc. Insurance
RECOMMENDED ACTION: Approve the revised insurance requirements as part of the Road Race Agreement with Zuma Foundation Inc.
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 January 8, 2024, City Council awarded Zuma Foundation Inc. one of the two allowable Road Races in accordance City Council Policy #47 - Road Race Policy (Policy). The Policy states the City may grant a maximum of two temporary use permits for marathons, triathlons, and cycling events per calendar year.
Upon approval of the Agreement, Zuma Foundation Inc. requested the City to adjust the insurance requirements due to a requirement of higher limits as part of the Agreement (Attachment 2). These limits were raised for the triathlon event following guidance from the City’s insurance provider, California Joint Powers Insurance Authority (JPIA).
Insurance coverage and limits for triathlon events are typically higher than a standard race event, such as a 5K, due to higher-risk exposures, such as swimming and biking.
Zuma Foundation Inc. proposed new insurance limits to staff, and JPIA reviewed and approved the adjustments based on a risk assessment. Changes include:
General Liability Insurance
Zuma Foundation Inc. is providing a total of $16,000,000 in general liability and general aggregate insurance, with limits at $7,000,000 per occurrence and $9,000,000 general City Council Meeting
04-08-24
Item
3.B.6.
1
Agenda Item # 3.B.6.
aggregate, which is $1,000,000 more than the original Agreement. The original agreement listed $5,000,000 per occurrence, $10,000,000 general aggregate.
Professional Liability (Errors & Omissions) Insurance
Zuma Foundation requested to remove the insurance requirement. JPIA allowed the removal since this type of insurance typically pertains to protecting professionals (e.g. accountants, attorneys, real estate brokers) against liability incurred as a result of errors and omissions in performing their professional services. These professional services are not involved in the triathlon.
Umbrella or Excess Liability Insurance
Zuma Foundation Inc. requested to remove the insurance requirement. Umbrella or excess insurance is added in the event a primary policy cannot be secured for the requested limit. The umbrella insurance in the original agreement requested $2,000,000.
Upon review, the access of $1,000,000 in general liability is acceptable coverage, achieving a higher limits through its primary policy.
Athletic Participant Medical Expense Insurance
Zuma Foundation Inc. requested to reduce the limit to $25,000 per participant. The original agreement listed the limit at $100,000 per participant. If an injury occurs, access in general liability could cover the expenses.
Zuma Foundation Inc. insurance proposal meets the requirements of JPIA and staff recommends Council to approve the adjustment as part of the Agreement.
ATTACHMENTS: 1) Zuma Foundation Inc. Road Race Agreement 2) Zuma Foundation Inc. Proposed Insurance Adjustments
2 AGREEMENT BETWEEN THE CITY OF MALIBU
AND ZUMA FOUNDATION INC.
This Agreement is made and entered into as of ________________, by and between the City of Malibu (hereinafter referred to as the "City"), and Zuma Foundation Inc. (hereinafter referred to as "Zuma Foundation Inc.")
The City and Zuma Foundation Inc. agree as follows:
R E C I T A L S
A. The City desires to provide recreational events that are of interest and benefit to the residents of the City.
B. Zuma Foundation Inc. produces and conducts running events and triathlons.
C. Zuma Foundation Inc. 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 and Zuma Foundation Inc. have agreed that Zuma Foundation Inc. shall produce and conduct a Triathlon Race Event (as defined herein) within Malibu city limits and outlying areas pursuant to the terms and conditions set forth in Exhibit A of this Agreement.
NOW, THEREFORE, the City and Zuma Foundation Inc. agree as follows:
1.0 INTRODUCTORY TERMS.
1.1 Recitals. The statements contained in the recitals set forth above ("Recitals") are true and correct, and the Recitals are by this reference made a part of this Agreement.
1.2 Exhibits. The exhibits which are attached to this Agreement are by this reference made a part of this Agreement.
1.3 Abbreviations and Definitions. The following abbreviations and definitions will be used for purposes of this Agreement:
1.3.1 The abbreviations of the Parties set forth in the Preamble will be used for purposes of this Agreement.
1.3.2 "Additional City Services" means the following services coordinated and paid by Zuma Foundation Inc. for the Triathlon Race Event, as required by the City Temporary Use Permit, including: (1) law enforcement and fire protection; (2) garbage and refuse disposal; (3) crowd control and traffic control; (4) utilities; and (5) any additional services the City deems appropriate in its sole and absolute discretion.
1.3.3 "City Permit and Use Fees" means the fees and charges imposed by the City in connection with the issuance of permits and the fees and charges imposed by the City 3 ATTACHMENT 1
Agreement between the
City of Malibu and Zuma Foundation Inc.
in connection with Zuma Foundation Inc.'s Triathlon Race Event (as defined herein).
1.3.4 "Concessions" means all concessions associated with the Triathlon Race Event (as defined herein) offered or provided for a fee within the Race Facilities and during the Race Period, including, without limitation: (1) alcoholic and non-alcoholic beverages; (2) wearing apparel; (3) programs; (4) souvenirs; (5) seating; and (6) all other merchandise or services offered for sale in connection with the Triathlon Race Event and during the Triathlon Race Event Period.
1.3.5 "Laws" means all existing and future federal, state, and local constitutions, statutes, ordinances, rules, regulations, and resolutions, and all orders and decrees of lawful authorities having jurisdiction over the matter at issue.
1.3.6 "Race Course" means the staging and routes used by Zuma Foundation Inc. for the Triathlon Race Event as approved through the City Temporary Use Permit Application Process.
1.3.7 " Triathlon Race Event" means Zuma Foundation Inc.'s event, an athletic racing event consisting of swimming, biking, and running a race of a designated distance to be held on:
Year Race Dates
2024 September 14 – 15
2025 September 13 – 14
2026 September 19 – 20
2027 September 18 – 19
2028 September 16 – 17
Set-up begins 5 days preceding the Triathlon Race Event date. All equipment and materials will be removed the day after the race ends.
1.3.8 "Race Facilities" means those lands, improvements, buildings, public or other rights of way, or property, owned, leased to, or controlled by the City or under City authority used by Zuma Foundation Inc. for the purpose of staging the Triathlon Race Event.
1.3.9 "Race Period" means from 7:00 AM on the Monday preceding the Triathlon Race Event until 5:00 PM on the Monday following the Triathlon Race Event.
1.3.10 "Ticket Sale Rights" means the right to sell tickets and otherwise charge for admission to, or for participation in, the Triathlon Race Event, and to sell tickets and otherwise charge for admission to, or for the use of Race Facilities in connection with Triathlon Race Event, excluding the right to sell tickets to the general public that are solely for parking.
2.0 TERM OF AGREEMENT. This Agreement will become effective on January 9, 2024, and will remain in effect for a period of five (5) years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein. 4 Agreement between the
City of Malibu and Zuma Foundation Inc.
3.0 CITY AGENT. The City Manager, or their designee, for the purposes of this Agreement, is the agent for the City; whenever approval or authorization is required, Zuma Foundation Inc. understands that the City Manager, or their designee, has the authority to provide that approval or authorization.
4.0 WARRANTIES AND REPRESENTATIONS
4.1 Warranties and Representations by Zuma Foundation Inc. Zuma Foundation Inc. warrants and represents to the City as follows:
4.1.1 Zuma Foundation Inc. is a non-profit corporation duly formed, presently existing, and in good standing under the laws of the State of California.
4.1.2 All appropriate action exists or has been accomplished by Zuma Foundation Inc. so as to duly authorize the officers set forth below to execute this Agreement and all documents contemplated hereby on behalf of Zuma Foundation Inc. so as to fully and firmly bind Zuma Foundation Inc. to the terms and provisions of this Agreement and such other documents.
4.1.3 Zuma Foundation Inc. has the financial capability to and shall conduct a Triathlon Race Event in accordance with this Agreement.
4.2 Warranties and Representations by City. The City warrants and represents to Zuma Foundation Inc. as follows:
4.2.1 The City is a municipality organized and existing under the laws of the State of California.
4.2.2 All appropriate action exists or has been accomplished by the City so as to duly authorize the officials set forth below to execute this Agreement and all documents contemplated hereby on behalf of the City so as to fully and firmly bind the City to the terms and provisions of this Agreement and such other documents.
5.0 SCHEDULING AND CONDUCTING A Triathlon Race Event
5.1 Obligation to Conduct a Triathlon Race Event. Zuma Foundation Inc. shall produce and conduct a Triathlon Race Event on Saturday and Sunday, commencing in the year 2024, said dates will be determined by Zuma Foundation Inc. no later than March 1 of each year and will be on the dates set forth in Exhibit B or within two weeks of such dates, excluding Labor Day weekends. Zuma Foundation Inc. shall provide the City with written notice in the form of a City Temporary Use Permit Application no later than ninety (90) days prior to the first day of the Triathlon Race Event Period.
5.2 Triathlon Race Event. The Triathlon Race Event shall conduct the Triathlon Course on Saturday and Sunday during the Triathlon Race Event period and shall be 5 Agreement between the
City of Malibu and Zuma Foundation Inc.
held during daylight hours only. The Triathlon Race Event shall be conducted in accordance with the terms and conditions of this Agreement, the City's Road Race Policy and all necessary governmental permits and/or approvals.
5.3 Set-Up, Operation and Dismantling Periods. Zuma Foundation Inc. shall have the use of the Triathlon Facilities during the Triathlon Race Event Period for purposes of setup of the facilities and apparatus associated with the Triathlon Race Event provided, however, that access to the Triathlon Race Course will only be restricted during the time necessary to conduct the Triathlon Race Event. It is anticipated that all facilities and apparatus associated with the Triathlon Race Event will be set up and dismantled during the Race Period. In the event Zuma Foundation Inc. requires additional time to dismantle the facilities and apparatus following the Triathlon Race Event, Zuma Foundation Inc. shall be permitted such additional time beyond the Race Period, so long as Zuma Foundation Inc. has commenced the dismantling during the Race Period and continues to proceed in a diligent manner to complete the dismantling. Zuma Foundation Inc. shall provide the City with a schedule indicating the dates and location of setup and dismantling of the facilities and apparatus associated with the Triathlon Race Event, along with updates and changes thereto, as soon as is reasonably possible after the necessity for such updates and changes become known to Zuma Foundation Inc.
5.4 Clean-up and Restoration. Zuma Foundation Inc. shall be responsible for cleaning up the Race Course and Race Facilities at the end of the Triathlon Race Event. Such clean-up shall include, without limitation, removal of litter and debris from City streets and the Race Facilities.
5.5 Conditions of Race Facilities. Zuma Foundation Inc. shall be responsible for promptly returning the Race Facilities to the condition they were in immediately prior to the Triathlon Race Event, reasonable wear and tear excepted. Zuma Foundation Inc. shall be responsible for repairing any damage to the Race Facilities occurring during the Triathlon Race Event by acts or omissions of Zuma Foundation Inc., its patrons, or concessionaires.
5.6 Additional Municipal Services. Zuma Foundation Inc. shall be responsible for the scheduling of and payment for all additional municipal services, as required by the City Temporary Use Permit. In certain circumstances, the City may facilitate the payment for additional municipal services to other federal, state or local governmental agencies. The City’s role in these payments shall only be administrative only (i.e., processing and ensuring the accuracy of the payments) and in no way constitutes the City’s agreement or sign-off on any other services, plans or arrangements provided by other agencies. Thus, the City shall accept no other responsibility other than facilitating the payment and shall have no liability whatsoever from any claims related to Zuma Foundation Inc. and additional municipal services. Zuma Foundation Inc. shall pay the estimated costs and expenses for additional municipal services no later than sixty (60) days prior to the Triathlon Race Event. Zuma Foundation Inc. shall pay any remaining costs for additional municipal services no later than sixty (60) days following the Triathlon Race Event.
5.7 Compliance with Laws and Related Matters. Zuma Foundation Inc., its officers, employees, volunteers, agents, and concessionaires shall comply with all 6 Agreement between the
City of Malibu and Zuma Foundation Inc.
applicable Laws throughout the Term of this Agreement.
5.8 Liability for Expenses. Under no circumstances shall the City be liable for any costs or expenses incurred by Zuma Foundation Inc. in any way related to or connected with the Triathlon Race Event unless specifically provided for in this Agreement.
5.9 Authorizations. Zuma Foundation Inc. shall be responsible for seeking and obtaining any and all permits, licenses, certifications, consents, or other authorizations required from any governmental agency or other public or private entity in order to hold the Triathlon Race Event and perform all other activities in connection therewith.
5.10 Red Flag Warning. In the event of a “Red Flag Warning” condition as determined by the Los Angeles County Fire Department or other relevant entity, Zuma Foundation shall either: (i) cancel the Triathlon Race Event or (ii) postpone any race event on the affected days. In the event of postponement, Zuma Foundation shall obtain written authorization from the City, which shall not be unreasonably withheld, to conduct the race event on other days outside of the days listed above. The Parties shall use their best efforts to reschedule such that it does not impact other events going on in the City or negatively impact the public health and safety.
6.0 GENERAL TERMS.
6.1 Right to Conduct Triathlon Race Event. The City hereby grants to Zuma Foundation Inc. the right to produce and conduct a Triathlon Race Event in accordance with the terms and conditions of this Agreement and City Council Policy No. 47 (Road Race Policy). Zuma Foundation Inc. is responsible for applying for and securing all applicable governmental approvals/permits in a timely manner, prior to conducting any portion of the Triathlon Race Event or performing any setup activity related to the Triathlon Race Event and complying with the City's Road Race Policy. The City and Zuma Foundation Inc. agree that the Triathlon Race Event is one of the two road race events which are entitled to seek a City Temporary Use Permit each calendar year as set forth in the City's Road Race Policy. All discretionary authority of the City with respect to any and all such permits and/or approvals is expressly retained and nothing in this Agreement shall be construed as limiting or expanding the City's discretionary authority in any way, or committing the City to any particular decision or outcome, with respect to any requisite permits or approvals. The City's denial of any discretionary permit necessary to conduct the Triathlon Race Event shall not be deemed a breach of this Agreement, so long as such denial complies with applicable law and regulation. Zuma Foundation Inc. hereby acknowledges that the City has police powers pursuant to applicable Laws to take reasonable and appropriate action in the event the conduct of the Triathlon Race Event, or any portion thereof or activity associated therewith, is endangering the health, safety or welfare of the general public, is violating any applicable law or regulation, or is otherwise creating a public nuisance. The safety of the Triathlon Race Event participants shall be the sole responsibility of Zuma Foundation Inc.
6.2 Concession Rights. The City hereby grants Zuma Foundation Inc. the right to operate, or to license (in whole or in part) to others, the Concessions associated with the Triathlon Race Event during the Race Period. The City agrees not to hereafter extend any 7 Agreement between the
City of Malibu and Zuma Foundation Inc.
Concession rights to any person or entity other than Zuma Foundation Inc. which would permit the operation or licensing of Concessions, or the vending or offering for sale of any goods or services competitive with the Concessions. Notwithstanding the foregoing, this grant of rights to Concessions shall not affect the activities of otherwise properly licensed Malibu merchants and business persons in conducting their trade or business during the Triathlon Race Event, or parties with which it has contracted to provide Concessions at any City-owned property or facility.
6.3 Ticket Sale Rights and City Rights. The City hereby grants Zuma Foundation Inc. exclusive Ticket Sale Rights for the Triathlon Race Event.
6.4 Participation. The total number of participants for the Triathlon Race Event shall not exceed: 4,000.
6.5 No Interest in Land. Zuma Foundation Inc. rights pursuant to this Agreement shall not be construed as a lease, easement, or other interest in land, buildings, or other property of the City.
6.6 Donation. Zuma Foundation Inc. agrees to donate not less than $100,000 each year for the term of the Agreement to Malibu youth-based 501(c)(3) community-oriented charitable organizations no later than 60 calendar days after the final event date each year. Zuma Foundation Inc. will seek input from the City each year during the term of the Agreement as to the Malibu youth-based 501(c)(3) community-oriented charitable organization(s) who will receive the annual donation.
Zuma Foundation Inc. agrees that it will identify each benefiting non-profit or community-oriented charitable organization’s specific area or areas that said donation will go towards.
This Agreement and all of its terms, conditions, and provisions is made and entered into for the sole protection and benefit of Zuma Foundation Inc. and the City and not for the benefit of any other individual or entity. No other person has any right of action of any kind based on any provision of this Agreement nor may any other person be deemed to be a third-party beneficiary under this Agreement.
6.7 Exclusivity. The City will not authorize, without Zuma Foundation Inc.’s permission, any Triathlon Race Event, other than the Triathlon Race Event organized and conducted by Zuma Foundation Inc., sixty (60) days before the Triathlon Race Event or sixty (60) days after the Triathlon Race Event throughout the Term of this Agreement.
6.8 Termination. Either the City or Zuma Foundation Inc. may terminate this Agreement, without cause, by giving the other party six (6) months written notice of such termination and the effective date thereof.
6.8.1 If Zuma Foundation Inc. or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if Zuma Foundation Inc. or the City violate any of the covenants, agreements, or stipulations of this Agreement, Zuma Foundation Inc. or the 8 Agreement between the
City of Malibu and Zuma Foundation Inc.
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. Zuma Foundation Inc. shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, Zuma Foundation Inc. 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 offset anticipated damages.
6.9 Non-Assignability. Zuma Foundation Inc. shall not assign or transfer any interest in this Agreement without the express prior written consent of the City, which consent may be withheld by the City for any reason the City Council should determine in its sole and absolute discretion. This Agreement and all right and obligations pursuant to the Agreement is/are and shall be binding on Zuma Foundation Inc., and any of its successors or assigns, including any successor by way of merger, consolidation or otherwise, and including any purchaser or acquiror of all substantially all of the assets of Zuma Foundation Inc., or any of its respective successors or assigns (in a any manner identified above); provided, however, that Zuma Foundation Inc.’s rights to pursuant to this Agreement shall automatically terminate if Zuma Foundation Inc. should, without the City’s express prior written consent, consummate a merger, consolidation, asset sale, stock insurance, or other similar transaction by which ownership of more than fifty percent (50%) of Zuma Foundation Inc. or its assets should be acquired by a person or entity that is not currently the owner of at least twenty-five percent (25%) of Zuma Foundation Inc.
6.10 Non-Discrimination. Zuma Foundation Inc. 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.
6.11 Insurance. The Zuma Foundation Inc. shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than ten (10) days prior to prior to Triathlon Race Event. The Zuma Foundation Inc. further agrees to comply with all provisions in the attached Exhibit C which is incorporated herein.
6.12 Indemnification. Zuma Foundation Inc. shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees, and all other costs and fees of litigation) of every nature arising out of or in connection with Zuma Foundation Inc.'s activities related to producing and conducting a Triathlon Race Event hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Zuma Foundation Inc.'s legal counsel unacceptable, then Zuma Foundation Inc. shall reimburse the City its costs of defense, including without limitation reasonable attorney's fees, expert fees and all other costs and fees of litigation. Zuma Foundation Inc. shall promptly pay any final judgment rendered against the City (and its officers, officials, employees, and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the 9 Agreement between the
City of Malibu and Zuma Foundation Inc.
foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
6.13 Compliance with Applicable Law. Zuma Foundation Inc. 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.
6.14 Independent Contractor. This Agreement is by and between the City and Zuma Foundation Inc. 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 Zuma Foundation Inc.
6.14.1 Zuma Foundation Inc. 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 Zuma Foundation Inc., or any of Zuma Foundation Inc.'s employees, except as herein set forth, and Zuma Foundation Inc. 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 Zuma Foundation Inc. is and shall at all times remain to the City a wholly independent contractor and Zuma Foundation Inc.'s obligations to the City are solely such as are prescribed by this Agreement.
6.14.2 Zuma Foundation Inc. shall not use the City Seal or present the Triathlon Race Event as a City-organized event without prior approval from the City.
6.15 Legal Construction.
6.15.1 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.
6.15.2 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.
6.15.3 The article and section, captions, and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
6.15.4 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.
6.16 Counterparts. This Agreement may be executed in counterparts and as so 10 Agreement between the
City of Malibu and Zuma Foundation Inc.
executed shall constitute an agreement which shall be binding upon all parties hereto.
6.17 Default. The following shall be deemed events of default ("Default") under this Agreement:
6.17.1 By City. Failure by the City to perform or comply with its obligations or responsibilities hereunder, which is not cured within a reasonable time, but in no event to exceed thirty (30) days following receipt by the City of written notice from Zuma Foundation Inc. specifying with particularity the Default so claimed. The thirty (30) day curative period provided herein may be expanded by so much additional time as is reasonably necessary to cure the Default, provided that the City commences to cure such Default within such thirty (30) day period and thereafter diligently and continuously proceeds to cure the Default.
6.17.2 By Zuma Foundation Inc. Any one or more of the following shall be deemed a Default by Zuma Foundation Inc.:
6.17.2.1 Failure of Zuma Foundation Inc. to perform or
comply with its obligations or responsibilities hereunder, which is not cured within a reasonable time, but in no event to exceed thirty (30) days following receipt by Zuma Foundation Inc. of written notice from the City specifying with particularity the Default so claimed. The thirty (30) day curative period provided herein may be expanded by so much additional time as is reasonably necessary to cure the Default provided that Zuma Foundation Inc. commences to cure such Default within such thirty (30) day period and thereafter diligently and continuously proceeds to cure the Default.
6.17.2.2 Zuma Foundation Inc. attempts to assign or transfer any interest in this Agreement without the express prior written consent of the City.
6.17.2.3 Zuma Foundation Inc. makes a voluntary assignment for the benefit of its creditors.
6.17.2.4 Zuma Foundation Inc. files a voluntary petition in bankruptcy or becomes the subject of an involuntary petition in bankruptcy which is not discharged within sixty (60) days after the filing of such involuntary petition in bankruptcy.
6.18 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 11 Agreement between the
City of Malibu and Zuma Foundation Inc.
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. In no event shall either party be liable for any loss of use, loss of time, inconvenience, lost profits or other special, incidental or consequential damages in any way related to or arising from this Agreement or the Triathlon Race Event.
6.19 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.
6.20 Force Majeure. Each Party shall be excused from performance of its obligations hereunder to the extent such performance has been delayed, hindered or prevented by any cause or causes beyond such Party's reasonable control, which shall include, without limitation, labor disputes, riots, civil commotion or insurrection, war, war-like operations or terrorist acts, invasion, rebellion, military or usurped power, sabotage, governmental restrictions, regulations, or controls, inability to obtain any materials or services, fire or other casualties, natural disasters or acts of God. In the event any Triathlon Race Event Facility or portion thereof is destroyed or substantially damaged at any time during the Term of this Agreement by fire, casualty or other cause, the City shall not be required to repair or rebuild such Triathlon Race Event Facilities or portion thereof. If the Race Course is unavailable due to circumstances beyond the City's control, the Parties shall mutually agree in writing on a revised RACE Course approved through the City Temporary Use Permit Application Process.
6.21 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6.22 Entire Agreement. This Agreement constitutes the whole agreement between the City and Zuma Foundation Inc., 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 Zuma Foundation Inc.
6.23 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 Zuma Foundation Inc.: Michael Epstein City Manager Executive Director
City of Malibu
23825 Stuart Ranch Road
Zuma Foundation Inc.
30765 Pacific Coast Hwy #331
Malibu, CA 90265-4861 Malibu, CA 90265
TEL (310) 456-2489 x 224 TEL: (818) 419-4231
FAX (310) 456-2760 [email protected]
12 Agreement between the
City of Malibu and Zuma Foundation Inc.
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.
This Agreement is executed on __________________, at Malibu, California, and effective as of ___________________.
CITY OF MALIBU: ___________________________________ STEVE MCCLARY, City Manager ATTEST: ___________________________________ KELSEY PETTIJOHN, City Clerk (seal)
ZUMA FOUNDATION INC.: _______________________________ By: MICHAEL EPSTEIN, Executive Director
APPROVED AS TO FORM: ___________________________________ TREVOR RUSIN, Interim City Attorney 13 14
15 16
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19 20
EXHIBIT B
Zuma Foundation Inc.
2024 – 2028 Race Dates
General Logistics Timeline
Set up will start at Zuma Beach on the Monday prior to race weekend, all week of set up will be confined to the beach and parking lots at Zuma Beach County Property.
Taking place on the Saturday of the event weekend, the Zuma Foundation’s Triathlon for Kids will be fully self-contained inside the Zuma Beach parking lot.
Race packets pick up will take place at Zuma Beach on the Saturday afternoon.
Sunday of each year will feature the Malibu Foundation Sprint and Olympic distance events.
Year Race Dates
2024 September 14 – 15
2025 September 13 – 14
2026 September 19 – 20
2027 September 18 – 19
2028 September 16 – 17
21 EXHIBIT C
INSURANCE LANGUAGE
Without limiting Zuma Foundation Inc.’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Zuma Foundation Inc. 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. Zuma Foundation Inc. 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 $7,000,000 per occurrence, $9,000,000 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. Zuma Foundation Inc. 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 Zuma Foundation Inc. 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 2,000,000 combined single limit for each accident.
Workers’ Compensation Insurance. Zuma Foundation Inc. shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).
Zuma Foundation Inc. 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.
Athletic Participant Medical Expense Insurance. Zuma Foundation shall obtain and maintain athletic participant medical expense insurance with a $25,000 limit per participant. This coverage should extend to volunteers, event officials if applicable, and other attendees involved in the event who may not be participants.
Sexual Abuse/Molestation Insurance. Zuma Foundation shall procure and maintain sexual abuse and molestation liability coverage in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate. This coverage may be part of commercial general liability coverage, professional liability coverage, or a separate policy.
Participant Race Waiver. Zuma Foundation shall include waiving claims against the City of Malibu on all participant race waivers, forms, and documents.
OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Zuma Foundation Inc. 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 22 EXHIBIT C
Zuma Foundation Inc.
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. Zuma Foundation Inc. 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 Zuma Foundation Inc., their agents, representatives, employees, or sub Zuma Foundation Inc.
Primary/Noncontributing. Coverage provided by Zuma Foundation Inc. 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 Zuma Foundation Inc. or City will withhold amounts sufficient to pay premium from Zuma Foundation Inc. 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 Zuma Foundation Inc. or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Zuma Foundation Inc. hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its sub Zuma Foundation Inc.
Enforcement of Contract Provisions (Non Estoppel). Zuma Foundation Inc. acknowledges and agrees that any actual or alleged failure on the part of the City to inform Zuma Foundation Inc. 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 23 EXHIBIT C
Zuma Foundation Inc.
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 Zuma Foundation Inc. maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Zuma Foundation Inc. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of Cancellation. Zuma Foundation Inc. 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 Zuma Foundation Inc.’s insurers are unwilling to provide such notice, then Zuma Foundation Inc. shall have the responsibility of notifying the City immediately in the event of Zuma Foundation Inc.’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 Zuma Foundation Inc.’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. Zuma Foundation Inc. agrees to ensure that its sub Zuma Foundation Inc., subcontractors, and any other party who is brought onto or involved in the project/service by Zuma Foundation Inc. (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Zuma Foundation Inc. under this Agreement. Zuma Foundation Inc. 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 Zuma Foundation Inc.’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Zuma Foundation Inc. may still be able to utilize the Subcontractor provided Zuma Foundation Inc. 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 Zuma Foundation Inc., but in all other terms consistent with the Zuma Foundation Inc.’s requirements under this Agreement. This provision does not relieve the Zuma Foundation Inc. 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 Zuma Foundation Inc. with the ability to utilize a Subcontractor who may be otherwise qualified 24 EXHIBIT C
Zuma Foundation Inc.
to perform the work or services but may not carry the same insurance limits as required of the Zuma Foundation Inc. under this Agreement given the limited scope of work or services provided by the subcontractor. Zuma Foundation Inc. 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 Zuma Foundation Inc. ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Zuma Foundation Inc., the City and Zuma Foundation Inc. may renegotiate the Zuma Foundation Inc.’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. Zuma Foundation Inc. shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Zuma Foundation Inc.’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional Insurance. The Zuma Foundation Inc. 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.
25 EXHIBIT C
INSURANCE LANGUAGE
Without limiting Zuma Foundation Inc.’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Zuma Foundation Inc. 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. Zuma Foundation Inc. 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 $5,000,000$7,000,000 per occurrence, $10,000,000 $9,000,000 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. Zuma Foundation Inc. 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 Zuma Foundation Inc. 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 2,000,000 combined single limit for each accident.
Professional Liability (Errors & Omissions) Insurance. Zuma Foundation Inc. 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 Zuma Foundation Inc. 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. Zuma Foundation Inc. shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).
Zuma Foundation Inc. 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. Zuma Foundation Inc. shall obtain and maintain an umbrella liability insurance policy with a $2,000,000 limit 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 Zuma Foundation Inc. obtain and maintain an excess liability policy, such policy shall be 26 ATTACHMENT 2
EXHIBIT C
Zuma Foundation Inc.