Malibu City Council
May 28, 2024

Amended Agenda
240528_AMENDED AGENDA.PDF
Item 3B2
Approve Warrants
CC240528_ITEM 3B2.PDF
Item 3B3
Approval of Minutes
CC240528_ITEM 3B3.PDF
Item 3B4
Community Facilities District No. 2006-1 (Carbon Beach Utility Undergrounding) – Levy of Special Tax for Fiscal Year 2024-2025
CC240528_ITEM 3B4.PDF
Item 3B5
Award Morning View Drive Rehabilitation and Drainage Improvements CC240528_ITEM 3B5.PDF
Item 3B6
Los Angeles County Measure M Transportation Funding Agreement CC240528_ITEM 3B6.PDF
Item 3B7
State Senate Bill 1 (SB 1) Road Maintenance and Rehabilitation Account (RMRA) Funding and Project List
CC240528_ITEM 3B7.PDF
Item 3B8
Professional Services Agreement for On Call Environmental Consulting Services

1. Documents:

2. Documents:

3. Documents:

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5. Documents:

6. Documents:

7. Documents:

8. Documents:

CC240528_ITEM 3B7.PDF
Item 3B8
Professional Services Agreement for On Call Environmental Consulting Services CC240528_ITEM 3B8.PDF
Item 3B9
Professional Services Agreement for Plan Check Consulting Services CC240528_ITEM 3B9.PDF
Item 3B10
Professional Services Agreement for Geotechnical, Coastal Engineering, and Environmental Health Consulting Services
CC240528_ITEM 3B10.PDF
Item 3B11
California State Senate Bill (SB) 379: Online Solar Permitting Platform for Residential Projects
CC240528_ITEM 3B11.PDF
Item 3B12
Professional Services Agreement with Granicus LLC
CC240528_ITEM 3B12.PDF
Item 3B13
Amendment to Professional Services Agreement with Michael Matthews for Consulting Services Related to School Separation
CC240528_ITEM 3B13.PDF
Item 3B14
Amendment to Professional Services Agreement with SDI Presence (Continued from May 13, 2024)
CC240528_ITEM 3B14.PDF
Item 3B15

8. Documents:

9. Documents:

10. Documents:

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12. Documents:

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14. Documents:

15. CC240528_ITEM 3B14.PDF
Item 3B15
Investment Report for the Month Ending April 30, 2024
CC240528_ITEM 3B15.PDF
Item 4A
Collection of Fees for the Implementation of the California Integrated Waste Management Act within the Malibu Garbage Disposal District
CC240528_ITEM 4A.PDF
Item 4B
Amendment to Malibu Municipal Code Chapters 15.40, 15.42, and 15.44 To Requires Additional Onsite Wastewater Treatment Systems (OWTS) Requirements for Home Occupation Uses that Place Additional Strain on the OWTS CC240528_ITEM 4B.PDF
Item 4C
Proposed Budget for Fiscal Year 2024-25
CC240528_ITEM 4C.PDF
CC240528_ITEM 4C SUPPLEMENTAL.PDF
Item 5A
Zuma Foundation Inc. Road Race Agreement (Continued from May 13, 2024) CC240528_ITEM 5A.PDF
CC240528_ITEM 5A SUPPLEMENTAL.PDF
Documents:

15. Documents:

16. Documents:

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

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

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

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

Amended1 Malibu City Council
Regular Meeting Agenda
Tuesday, May 28, 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/87981325626
Six-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Report on Posting of Agenda – May 17, 2024; Amended Agenda posted March 23, 2024 Approval of Agenda
1 See the removal of Closed Session (rescheduled for a special meeting) and the addition of Ceremonial/Presentations Item No. 1.A.

See Item No. 4.C.and 5.A. for Supplemental Report.

AMENDED City Council Regular Meeting Agenda Page - 2 - May 28, 2024

1. Ceremonial/Presentations
A. Recognition of Hunter Blaze Pearson, Alyssa Crosby, and Tracy Park for a Pacific Coast Highway Safety Awareness Campaign and Event

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

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

3. Consent Calendar

A. Previously Discussed Items
None.

B. New Items

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

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

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 72461-72583 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. 747 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $ 1,938,862.77. City of Malibu payroll check number 5470-5472 and ACH deposits were issued in the amount of $417,206.95.

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

3. Approval of Minutes
Recommended Action: Approve the minutes for the March 27, 2024 Special Meeting, and April 8, 2024 Regular Meeting.

Staff Contact: City Clerk Pettijohn, 456-2489, ext. 228 AMENDED City Council Regular Meeting Agenda Page - 3 - May 28, 2024

4. Community Facilities District No. 2006-1 (Carbon Beach Utility Undergrounding) – Levy of Special Tax for Fiscal Year 2024-2025
Recommended Action: Adopt Resolution No. 24-23 of the City Council of the City of Malibu acting in its capacity as the legislative body of Community Facilities District (CFD) No. 2006-1 of the City of Malibu (Carbon Beach Utility Undergrounding) authorizing the levy of a special tax for Fiscal Year (FY) 2024-2025.

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

5. Award Morning View Drive Rehabilitation and Drainage Improvements Recommended Action: 1) Approve the award and authorize the Mayor to execute a construction contract with Toro Enterprises, Inc. in the amount of $1,131,333.25 for the construction of the Morning View Drive Rehabilitation and Drainage Improvements, Specification No. 2104; and 2) Authorize the Public Works Director to approve any potential change orders up to 15% of the contract amount.

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

6. Los Angeles County Measure M Transportation Funding Agreement Recommended Action: Authorize the Mayor to execute the Los Angeles County Measure M Funding Agreement for the Pacific Coast Highway Crosswalk Improvements at Big Rock Drive and 20326 Pacific Coast Highway (PCH).

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

7. State Senate Bill 1 (SB 1) Road Maintenance and Rehabilitation Account (RMRA) Funding and Project List
Recommended Action: Adopt Resolution No. 24-24 approving the Fiscal Year 2024-2025 project list for Senate Bill (SB 1) (Road Rehabilitation and Accountability Act of 2017) Road Maintenance and Rehabilitation Account (RMRA) funding.

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

8. Professional Services Agreement for On Call Environmental Consulting Services Recommended Action: Authorize the Mayor to execute a professional services agreement with Rincon Consultants, Inc. to provide on-call environmental consulting services.

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

9. Professional Services Agreement for Plan Check Consulting Services Recommended Action: 1) Authorize the Mayor to execute a professional services agreement with True North Compliance Services to provide primary plan check consulting services; and 2) Authorize the Mayor to execute a professional services agreement with CSG Consultants as a secondary consultant.

AMENDED City Council Regular Meeting Agenda Page - 4 - May 28, 2024 Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229

10. Professional Services Agreement for Geotechnical, Coastal Engineering, and Environmental Health Consulting Services
Recommended Action: Authorize the Mayor to execute a professional services agreement with Cotton, Shires & Associates, Inc. to provide geotechnical, coastal engineering, and environmental health consulting services.

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

11. California State Senate Bill (SB) 379: Online Solar Permitting Platform for Residential Projects
Recommended Action: 1) Authorize the Mayor to execute a professional services agreement with Symbium Corporation in the amount of $30,000 to prepare an online, automated solar permitting platform for residential projects.

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

12. Professional Services Agreement with Granicus LLC
Recommended Action: Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement with Granicus LLC for short-term rental administration.

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

13. Amendment to Professional Services Agreement with Michael Matthews for Consulting Services Related to School Separation
Recommended Action: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with Michael Matthews for consulting services related to mediation, separation and the establishment of the Malibu Unified School District for a total contract amount of $115,000.

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

14. Amendment to Professional Services Agreement with SDI Presence (Continued from May 13, 2024)
Recommended Action: Authorize the Mayor to execute Amendment No. 3 to the Professional Services Agreement with SDI Presence LLC.

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

15. Investment Report for the Month Ending April 30, 2024 Recommended Action: Receive the Investment Report for the month ending April 30, 2024.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224 AMENDED City Council Regular Meeting Agenda Page - 5 - May 28, 2024

4. Ordinances and Public Hearings
A. Collection of Fees for the Implementation of the California Integrated Waste Management Act within the Malibu Garbage Disposal District
Recommended Action: 1) Conduct the public hearing; and 2) Adopt Resolution No. 24-25 authorizing collection on the County Tax Roll of a fee from residential and commercial premises for the cost of preparing, adopting and implementing the City’s Source Reduction and Recycling Element and Household Hazardous Waste Element imposed by Resolution No. 03-30.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229 B. Amendment to Malibu Municipal Code Chapters 15.40, 15.42, and 15.44 To Require Additional Onsite Wastewater Treatment Systems (OWTS) Requirements for Home Occupation Uses that Place Additional Strain on the OWTS
Recommended Action: 1) After the City Attorney reads the title of the ordinance, introduce on first reading Ordinance No. 517 determining the project is categorically exempt from the California Environmental Quality Act and amending Chapters 15.40, 15.42 and 15.44 of the Malibu Municipal Code (MMC); and 2) Direct staff to schedule second reading and adoption of Ordinance No. 517 for the June 10, 2024 City Council meeting.

Staff Contact: Environmental Sustainability Director Bundy, 456-2489, ext. 229 C. Proposed Budget for Fiscal Year 2024-25
Recommended Action: 1) Conduct the Public Hearing; and 2) Provide direction to staff on the Proposed Budget for Fiscal Year (FY) 2024-25
Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224

5. Old Business
A. Zuma Foundation Inc. Road Race Agreement (Continued from May 13, 2024) Recommended Action: 1) Review the status of the Zuma Foundation Inc. 2024 Triathlon event; 2) Consider modifications to the draft Road Race Agreement with Zuma Foundation Inc.; and 3) Provide direction to staff regarding the 2024-2028 Road Race Agreement.

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

6. New Business
None.

7. Council Items
None.

Adjournment
AMENDED City Council Regular Meeting Agenda Page - 6 - May 28, 2024 Future Meetings
Monday, June 10, 2024 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, June 24, 2024 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, July 8, 2024 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Guide to the City Council Proceedings
The Oral Communication portion of the agenda is for members of the public to present items, which are not listed on the agenda but are under the subject matter jurisdiction of the City Council. No action may be taken under, except to direct staff, unless the Council, by a two-thirds vote, determines that there is a need to take immediate action and that need came to the attention of the City after the posting of the agenda. Although no action may be taken, the Council and staff will follow up, at an appropriate time, on those items needing response. Each speaker is limited to three (3) minutes.

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

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 AMENDED City Council Regular Meeting Agenda Page - 7 - May 28, 2024 distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 23825 Stuart Ranch Road, Malibu, California (Government Code Section 54957.5.b.2). Copies of staff reports and written materials may be purchased for $0.10 per page.

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

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

I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting. Dated this 23rd day of May 2024 at 6:00 p.m.

Christina Muñoz, Deputy City Clerk
WARRANT REGISTER NO. 747
On May 28, 2024, the Malibu City Council allowed and approved warrant demand numbers 72461-72583 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 $1,938,862.77. City of Malibu payroll check numbers 5470-5472 and ACH deposits were issued in the amount of $417,206.95.

PASSED, APPROVED and ADOPTED this 28th day of May 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 $2,356,069.72 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 16th day of May 2024, AT MALIBU, CALIFORNIA ______________________________________________
Steve McClary
City Manager
City Council Meeting
5-28-24
Item

3.B.2.

DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Accounts Payable
User:

Printed:
sflores
5/14/2024 4:28 PM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount 72461 13STARS 13 Stars Media 05/06/2024 0.00 1,942.83
72462 4IMPRINT 4imprint Inc 05/06/2024 0.00 697.87
72463 4LEAF 4LEAF, Inc 05/06/2024 0.00 16,335.00
72464 ACCOUNTE OfficeTeam A Robert Half Company 05/06/2024 0.00 1,792.00 72465 ADDDARL Darlene Addison 05/06/2024 0.00 25.00
72466 AMIARA Arastou Aminzadeh 05/06/2024 0.00 25.00
72467 ANAWA&D Anna & David Anawalt 05/06/2024 0.00 860.00 72468 ANAWALT Anawalt Lumber Co., Inc 05/06/2024 0.00 157.19 72469 APPLE AppleOne 05/06/2024 0.00 1,447.60
72470 AUSKIE Kiersten Austefjord 05/06/2024 0.00 250.00 72471 BATESC Carla Bates 05/06/2024 0.00 400.00
72472 BEARCON Bear Contractors, Inc. 05/06/2024 0.00 1,575.00 72473 BLUEBEAM Bluebeam Inc 05/06/2024 0.00 2,000.30
72474 CABUILDI CA Building Standards Commis. 05/06/2024 0.00 1,248.30 72475 CAHIGH Dept of the CA Highway Patrol 05/06/2024 0.00 25,319.63 72476 CALPEACE A Call 2Peace Foundation 05/06/2024 0.00 200.00 72477 CERNYR Ryan Cerny 05/06/2024 0.00 303.64
72478 CHEVRON2 Wright Express FSC Wex Bank 05/06/2024 0.00 1,704.74 72479 CONEJOA Conejo Awards 05/06/2024 0.00 83.66
72480 CRPRINT CR PRINT 05/06/2024 0.00 1,608.70
72481 CSGCON CSG Consultants, Inc. 05/06/2024 0.00 28,408.75 72482 ENHANCED Landscape Development, Inc. 05/06/2024 0.00 53,840.46 72483 ESTLAU Laura Estes 05/06/2024 0.00 140.00
72484 EXCELOFF Excel Office Services 05/06/2024 0.00 110.84 72485 FASTDEER Fast Deer Bus Charter Inc. 05/06/2024 0.00 2,070.00 72486 FRANCOM Margaret Franco 05/06/2024 0.00 25.00
72487 FRONTIER Frontier California Inc 05/06/2024 0.00 4,676.11 72488 GALPIN Galpin Motors, Inc 05/06/2024 0.00 47,996.25 72489 GALPIN Galpin Motors, Inc 05/06/2024 0.00 45,312.25 72490 GOOCYN Cynthia Good 05/06/2024 0.00 100.00
72491 Grainger W.W. Grainger,Inc 05/06/2024 0.00 21.41
72492 GULDELI Elizabeth Guldimann 05/06/2024 0.00 12.65 72493 HALEMEG Megan Halekakis 05/06/2024 0.00 560.00
72494 HDSUPPLY HD Supply Inc 05/06/2024 0.00 3,451.93
72495 J&HENG J & H Engineering General Contractors Inc 05/06/2024 0.00 160,035.90 72496 KIMLEY Kimley-Horn and Associates Inc 05/06/2024 0.00 27,537.50 72497 KOZMAR Marilyn Koziatek 05/06/2024 0.00 180.00
72498 LACOAGRI LA Co Agricultural Commissioner 05/06/2024 0.00 3,405.87 72499 LACOANI LA Co Animal Care & Control 05/06/2024 0.00 15,964.70 72500 LACOCLE LA County Registrar-Recorder LA Co Clerk 05/06/2024 0.00 75.00 72501 LACOCLE LA County Registrar-Recorder LA Co Clerk 05/06/2024 0.00 75.00 72502 LACOCLE LA County Registrar-Recorder LA Co Clerk 05/06/2024 0.00 75.00 72503 LACOSHE LA Co Sheriff's Department 05/06/2024 0.00 881,508.82 72504 LACOWAT LA Co MalibuTreasurer-Waterworks 05/06/2024 0.00 504.57 72505 LEVWEN Wendy Levenson 05/06/2024 0.00 35.00
72506 MANMIC Michael Anthony Manfredo 05/06/2024 0.00 250.00 72507 MARSHELI Elissa Marshall 05/06/2024 0.00 25.00
AP Checks by Date - Summary by Check Number (5/14/2024 4:28 PM) Page 1 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 72508 MINDRYLL The Mindry LLC 05/06/2024 0.00 300.00
72509 MOSSER Mosser Plumbing & Heating Inc 05/06/2024 0.00 395.00 72510 MUTKAT Katherine Mutchler 05/06/2024 0.00 200.00
72511 NAICKERV Vasudevan Naicker 05/06/2024 0.00 155.00 72512 NATIONA National Construction Rentals, Inc 05/06/2024 0.00 941.00 72513 NEXTIVA Nextiva, Inc. 05/06/2024 0.00 4,121.72
72514 PARSARS Public Agency Retirement Srvcs 05/06/2024 0.00 300.00 72515 PEOPCON Ocean Park Community Center 05/06/2024 0.00 39,568.00 72516 REGAJ Jolynn Regan 05/06/2024 0.00 125.00
72517 RICHR Rebecca Richard 05/06/2024 0.00 180.00
72518 ROCCAST Stephanie Rocca 05/06/2024 0.00 25.00
72519 ROTHSTAF Roth Staffing Companies LP 05/06/2024 0.00 4,760.00 72520 SMASH Smash Athletics Inc 05/06/2024 0.00 256.60
72521 SPIROG Sebastian Spiroglou 05/06/2024 0.00 24.32
72522 TAYDAV David Taylor 05/06/2024 0.00 140.00
72523 TETRATE Tetra Tech Inc 05/06/2024 0.00 32,532.18
72524 TOSHIBA US Bank National Association 05/06/2024 0.00 3,166.95 72525 ULTMAINT Ultimate Maintenance Services Inc 05/06/2024 0.00 4,465.00 72526 WAXIE Waxie's Enterprises LLC 05/06/2024 0.00 767.31 72527 101ROOF 101 Roofing and Construction 05/09/2024 0.00 1,900.00 72528 13STARS 13 Stars Media 05/09/2024 0.00 183.60
72529 AAAPROP AAA Propane Services, Inc. 05/09/2024 0.00 1,122.10 72530 ACCESS Access Information Intermediate Holdings LLC05/09/2024 0.00 2,106.17 72531 ACCOUNTE OfficeTeam A Robert Half Company 05/09/2024 0.00 4,415.04 72532 APPLE AppleOne 05/09/2024 0.00 1,447.60
72533 AVEEMI Emily Ave 05/09/2024 0.00 250.00
72534 CDTFA2 California Department of Tax & Fee Administration 05/09/2024 0.00 348.89 72535 CIVICPLU CivicPlus LLC 05/09/2024 0.00 3,270.90
72536 CJBIOMON Courtney Jean McCammon 05/09/2024 0.00 13,067.00 72537 CONEJOA Conejo Awards 05/09/2024 0.00 60.06
72538 COOMIC Michele Cook 05/09/2024 0.00 464.72
72539 CRPRINT CR PRINT 05/09/2024 0.00 434.17
72540 DAVISPAR Parker Davis 05/09/2024 0.00 14.34
72541 ETCHGAB Gabriel Etcheverry 05/09/2024 0.00 52.39
72542 FITJEN Jenna Fite 05/09/2024 0.00 15.00
72543 FRONTIER Frontier California Inc 05/09/2024 0.00 698.14 72544 GALPIN Galpin Motors, Inc 05/09/2024 0.00 41,572.25 72545 GFOA Government Finance Officers Association 05/09/2024 0.00 190.00 72546 GIINDUS G.I. Industries 05/09/2024 0.00 894.06
72547 HACSTE Sterling Hackley 05/09/2024 0.00 250.00
72548 HAJAUS Austin Hajjar 05/09/2024 0.00 7,807.80
72549 IACLUC Luca Iacovoni 05/09/2024 0.00 786.00
72550 iRIS Lorrie Feinberg 05/09/2024 0.00 405.00
72551 ISAUSA ISAUSA INC 05/09/2024 0.00 5,727.13
72552 LACOCLE LA County Registrar-Recorder LA Co Clerk 05/09/2024 0.00 75.00 72553 LACOCLE LA County Registrar-Recorder LA Co Clerk 05/09/2024 0.00 75.00 72554 LACOREG LA Co Registrar Recorder/Cty Clerk 05/09/2024 0.00 178.00 72555 LAWJAS Jason Lawrence 05/09/2024 0.00 197.65
72556 LOEMON Monica Loeffler 05/09/2024 0.00 25.00
72557 MALDIA Diane Malecha 05/09/2024 0.00 25.00
72558 MANIMBI Mani MBI (DE) LLC 05/09/2024 0.00 310.64
72559 MASTERCO Master Cooling Corporation 05/09/2024 0.00 2,032.90 72560 MEF Malibu Education Foundation 05/09/2024 0.00 153,100.00 72561 NAICKERV Vasudevan Naicker 05/09/2024 0.00 70.00
72562 RINCONC Rincon Consultants, Inc 05/09/2024 0.00 64,947.25 72563 ROTHSTAF Roth Staffing Companies LP 05/09/2024 0.00 2,380.00 72564 SCEDISO Southern California Edison Company 05/09/2024 0.00 28,743.33 AP Checks by Date - Summary by Check Number (5/14/2024 4:28 PM) Page 2 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 72565 SOLIDWA Solid Waste Solutions, Inc. 05/09/2024 0.00 36,120.72 72566 STAPLES Staples Contract & Commercial LLC 05/09/2024 0.00 1,000.58 72567 TMOBILE T-Mobile USA Inc 05/09/2024 0.00 360.57
72568 TONJOE Joseph Toney 05/09/2024 0.00 665.63
72569 TOTALGRA Brian Shore 05/09/2024 0.00 333.45
72570 ULTMAINT Ultimate Maintenance Services Inc 05/09/2024 0.00 4,350.00 72571 USPOSTOF United States Postal Services 05/09/2024 0.00 1,644.48 72572 VERIZONW Verizon Wireless Services LLC 05/09/2024 0.00 4,945.13 72573 WILLSCOT Williams Scotsman Inc 05/09/2024 0.00 10,476.52 72574 WOODSTAC Stacey Woods 05/09/2024 0.00 150.00
72575 XEROXFIN Xerox Corporation 05/09/2024 0.00 687.50 72576 XEROXFIN Xerox Corporation 05/09/2024 0.00 519.20 72577 ZARMAR Mariano Zaro 05/09/2024 0.00 150.00
72578 USBANK U.S. Bank 05/14/2024 0.00 89,330.55
72579 CASTDIS California State Disbursement Unit 05/14/2024 0.00 339.69 72580 ICMA457 ICMA-MissionSquare Retirement - 303615 05/14/2024 0.00 18,650.43 72581 ICMACM ICMA-MissionSquare Retirement - 108658 05/14/2024 0.00 600.00 72582 ICMADH ICMA-MissionSquare Retirement - 108650 05/14/2024 0.00 1,000.00 72583 USBANK2 U.S. Bank 05/14/2024 0.00 1,098.64
Report Total (123 checks): 0.00 1,938,862.77
AP Checks by Date - Summary by Check Number (5/14/2024 4:28 PM) Page 3 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 User:

Printed: 05/14/2024 - 4:26PM
sflores
Transactions by Account
Batch: 00000.00.0000
Accounts Payable
Checks from: 00072461 To: 00072583
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 Mar '24 72558 310.64 Vendor Subtotal for Section 2:0000 310.64
Section 2:0000
100-0000-3464-00 Youth Sports Program Fees Marilyn Koziatek Ref - Flag Football Cancelled 72497 180.00 Vendor Subtotal for Section 2:0000 180.00
Section 2:0000
100-0000-3464-00 Youth Sports Program Fees Rebecca Richard Ref - Flag Football Cancelled 72517 180.00 Vendor Subtotal for Section 2:0000 180.00
Section 2:0000
100-0000-3468-00 Senior Adult Program Fee Wendy Levenson Ref - Sr Excursion 4/22/24 72505 35.00 Vendor Subtotal for Section 2:0000 35.00
Section 2:0000
100-0000-3470-00 Community Classes Darlene Addison Ref - Fairy Gardening Workshop Cancelled 72465 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
100-0000-3470-00 Community Classes Laura Estes Ref - Chess Cancelled 72483 140.00 AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 1 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 140.00
Section 2:0000
100-0000-3470-00 Community Classes Jenna Fite Ref - Transfer From Soccer to Science Inventors 72542 15.00 Vendor Subtotal for Section 2:0000 15.00
Section 2:0000
100-0000-3470-00 Community Classes Megan Halekakis Ref - Musical Theater Cancelled (2) 72493 560.00 Vendor Subtotal for Section 2:0000 560.00
Section 2:0000
100-0000-3470-00 Community Classes Monica Loeffler Ref - Fairy Gardening Cancelled 72556 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
100-0000-3470-00 Community Classes Diane Malecha Ref - Fairy Gardening Cancelled 72557 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
100-0000-3470-00 Community Classes David Taylor Ref - Improv Theater Cancelled 72522 140.00 Vendor Subtotal for Section 2:0000 140.00
Section 2:0000
100-0000-3470-00 Community Classes Stacey Woods Ref - Cheerleading & Dance Cancelled 72574 150.00 Vendor Subtotal for Section 2:0000 150.00
Section 2:3001
100-3001-5722-00 Electricity Southern California Edison Company Webb Way Signal - Mar '24 72564 82.87 100-3001-5722-00 Electricity Southern California Edison Company Broad Beach - Mar '24 72564 -66.84 100-3001-5722-00 Electricity Southern California Edison Company St Lighting - Mar '24 72564 3,151.03 100-3001-5722-00 Electricity Southern California Edison Company Rambla Light - Mar '24 72564 31.64 100-3001-5722-00 Electricity Southern California Edison Company Traffic Control - Mar '24 72564 123.99 100-3001-5722-00 Electricity Southern California Edison Company Cross Creek Rd Ped - Mar '24 72564 -71.02 100-3001-5722-00 Electricity Southern California Edison Company Winter Cyn - Mar '24 72564 100.58 AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 2 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3001 3,352.25
Section 2:3001
100-3001-5725-00 Trash Pickup/Recycling G.I. Industries Garbage - City Yard 4/1 - 4/15/24 72546 839.83 Vendor Subtotal for Section 2:3001 839.83
Section 2:3007
100-3007-5721-00 Telephone Frontier California Inc Phone - Civic Center STF - Apr '24 72487 171.10 Vendor Subtotal for Section 2:3007 171.10
Section 2:3007
100-3007-5722-00 Electricity Southern California Edison Company CCSTF - Mar '24 72564 523.13 Vendor Subtotal for Section 2:3007 523.13
Section 2:3008
100-3008-5300-00 Travel and Training U.S. Bank PW-4382 APWA - Registration J. Santia 72578 45.00 Vendor Subtotal for Section 2:3008 45.00
Section 2:3008
100-3008-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Public Works 72566 229.20 Vendor Subtotal for Section 2:3008 229.20
Section 2:4001
100-4001-5721-00 Telephone Frontier California Inc Phone - Charmlee Park - Apr '24 72487 160.24 Vendor Subtotal for Section 2:4001 160.24
Section 2:4001
100-4001-6160-00 Operating Supplies Conejo Awards General Rec Name Badges 72479 45.05 AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 3 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount 100-4001-6160-00 Operating Supplies Conejo Awards Meeting Nameplates 72479 38.61 Vendor Subtotal for Section 2:4001 83.66
Section 2:4001
100-4001-6160-00 Operating Supplies U.S. Bank CS-2169 Todoist Monthly 72578 42.00 100-4001-6160-00 Operating Supplies U.S. Bank CS-4743 General Rec Supplies 72578 119.79 100-4001-6160-00 Operating Supplies U.S. Bank CS-7084 Totally Promotional - Dept Lanyards 72578 103.40 100-4001-6160-00 Operating Supplies U.S. Bank CS-7118 Amazon - Supplies 72578 86.62 Vendor Subtotal for Section 2:4001 351.81
Section 2:4002
100-4002-5107-00 Contract Personnel Katherine Mutchler Instructor - Lifeguard In-Svc 4/19/24 72510 200.00 Vendor Subtotal for Section 2:4002 200.00
Section 2:4002
100-4002-5330-00 Dues & Memberships U.S. Bank CS-7118 Kahoot - Monthly 72578 29.00 Vendor Subtotal for Section 2:4002 29.00
Section 2:4002
100-4002-6160-00 Operating Supplies U.S. Bank CS-4743 NCSI - Aquatics Background Checks 72578 18.50 100-4002-6160-00 Operating Supplies U.S. Bank CS-7118 Amazon - Supplies 72578 53.89 Vendor Subtotal for Section 2:4002 72.39
Section 2:4003
100-4003-5401-00 Advertising & Noticing U.S. Bank CS-1673 Peachjar - Ads 72578 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 72578 72.79 AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 4 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4003 72.79
Section 2:4006
100-4006-5401-00 Advertising & Noticing U.S. Bank CS-4743 Canva - Monthly 72578 24.95 Vendor Subtotal for Section 2:4006 24.95
Section 2:4007
100-4007-5107-00 Contract Personnel Michael Anthony Manfredo Instructor - Adult Photography Workshop 4/12/24 72506 250.00 Vendor Subtotal for Section 2:4007 250.00
Section 2:4007
100-4007-5107-00 Contract Personnel The Mindry LLC Instructor - Yoga/Meditation Workshop 4/20/24 72508 300.00 Vendor Subtotal for Section 2:4007 300.00
Section 2:4007
100-4007-5340-00 Transportation & Mileage Sebastian Spiroglou Reimb - CH/Bluffs Park 2/27 - 3/29/24 72521 24.32 Vendor Subtotal for Section 2:4007 24.32
Section 2:4007
100-4007-6160-00 Operating Supplies U.S. Bank CS-4743 NCSI - Community Classes Background Checks 72578 55.50 Vendor Subtotal for Section 2:4007 55.50
Section 2:4008
100-4008-6160-00 Operating Supplies Elizabeth Guldimann Reimb - Sr Excursion Lunch 4/22/24 72492 12.65 Vendor Subtotal for Section 2:4008 12.65
Section 2:4008
100-4008-6160-00 Operating Supplies U.S. Bank CS-7084 Sr Center Supplies 72578 1,687.11 100-4008-6160-00 Operating Supplies U.S. Bank CS-4743 Brent's Deli - Sr Luncheon 3/28/24 72578 1,354.00 AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 5 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4008 3,041.11
Section 2:4008
100-4008-6176-00 Recreation Trip Admissions U.S. Bank CS-7084 Sr Excursion Admissions 72578 1,019.00 Vendor Subtotal for Section 2:4008 1,019.00
Section 2:4010
100-4010-5100-00 Professional Services Landscape Development, Inc. City Parks Landscape Maint/Liners - Apr '24 72482 27,371.45 Vendor Subtotal for Section 2:4010 27,371.45
Section 2:4010
100-4010-5100-00 Professional Services Ultimate Maintenance Services Inc City Parks Janitorial Svcs - Apr '24 72525 3,675.00 Vendor Subtotal for Section 2:4010 3,675.00
Section 2:4010
100-4010-5127-00 Weed Abatement Program LA Co Agricultural Commissioner Weed Abatement - Ioki Lot 1/1-3/31/24, Chumash Day 72498 3,405.87 Vendor Subtotal for Section 2:4010 3,405.87
Section 2:4010
100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Weed Wack Labor 72482 1,025.00 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Bluffs Park - Soil Removal 72482 580.00 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Charmlee Park - Irrigation Repairs 3/26/24 72482 150.00 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Bluffs - Irrigation Repairs 3/7/24 72482 1,505.46 100-4010-5130-00 Parks Maintenance Landscape Development, Inc. Charmlee Park - Weed Wack Labor 72482 440.00 Vendor Subtotal for Section 2:4010 3,700.46
Section 2:4010
100-4010-5610-00 Facility Maintenance Anawalt Lumber Co., Inc Las Flores - Baby Changing Station Hardware 72468 26.14 100-4010-5610-00 Facility Maintenance Anawalt Lumber Co., Inc Trancas - Baby Changing Station Hardware 72468 13.90 100-4010-5610-00 Facility Maintenance Anawalt Lumber Co., Inc Bluffs - Baby Changing Station Hardware 72468 13.16 AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 6 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:4010 53.20
Section 2:4010
100-4010-5610-00 Facility Maintenance Mosser Plumbing & Heating Inc Las Flores - Monthly Septic Maint - Apr '24 72509 120.00 100-4010-5610-00 Facility Maintenance Mosser Plumbing & Heating Inc Trancas - Monthly Septic Maint - Apr '24 72509 275.00 Vendor Subtotal for Section 2:4010 395.00
Section 2:4010
100-4010-5710-00 Facilities Lease/Rental National Construction Rentals, Inc Bluffs Portable Toilets 4/4 - 5/1/24 72512 941.00 Vendor Subtotal for Section 2:4010 941.00
Section 2:4010
100-4010-5721-00 Telephone Frontier California Inc Phone - 23641 PCH (median) - Apr '24 72487 61.12 100-4010-5721-00 Telephone Frontier California Inc Phone - Las Flores, Bluffs, Trancas - Apr '24 72487 539.80 Vendor Subtotal for Section 2:4010 600.92
Section 2:4010
100-4010-5722-00 Electricity Southern California Edison Company Community Services - Mar '24 72564 192.70 100-4010-5722-00 Electricity Southern California Edison Company PCH Median - Mar '24 72564 -69.61 100-4010-5722-00 Electricity Southern California Edison Company Bluffs Park Lift Station - Mar '24 72564 13.57 100-4010-5722-00 Electricity Southern California Edison Company Charmlee Park - Apr '24 72564 242.74 100-4010-5722-00 Electricity Southern California Edison Company Rambla Pacifico - Mar '24 72564 -69.41 Vendor Subtotal for Section 2:4010 309.99
Section 2:4010
100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Las Flores 2/13 - 4/11/24 Acct#29142887 72504 190.98 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Las Flores 2/13 - 4/11/24 Acct#29142869 72504 95.49 100-4010-5723-00 Water LA Co MalibuTreasurer-Waterworks Water - Las Flores Rambla 2/13 - 4/11/24 Acct#29143394 72504 218.10 Vendor Subtotal for Section 2:4010 504.57
Section 2:4010
AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 7 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount 100-4010-6160-00 Operating Supplies HD Supply Inc Las Flores Park - Janitorial Supplies 72494 278.62 100-4010-6160-00 Operating Supplies HD Supply Inc Trancas Park - Janitorial Supplies 72494 614.76 100-4010-6160-00 Operating Supplies HD Supply Inc Charmlee Park - Janitorial Supplies 72494 344.08 100-4010-6160-00 Operating Supplies HD Supply Inc Bluffs MLC - Janitorial Supplies 72494 113.20 100-4010-6160-00 Operating Supplies HD Supply Inc Bluffs MLC - Janitorial Supplies 72494 1,686.45 Vendor Subtotal for Section 2:4010 3,037.11
Section 2:4010
100-4010-6160-00 Operating Supplies U.S. Bank CS-2481 Supplies 72578 121.58 100-4010-6160-00 Operating Supplies U.S. Bank CS-2169 Global Industrial - Shipping 72578 82.95 100-4010-6160-00 Operating Supplies U.S. Bank CS-2169 Global Industrial - Baby Changing Stations (6) 72578 1,486.39 Vendor Subtotal for Section 2:4010 1,690.92
Section 2:4010
100-4010-6160-00 Operating Supplies Waxie's Enterprises LLC Las Flores Park - Restroom Supplies 72526 96.25 100-4010-6160-00 Operating Supplies Waxie's Enterprises LLC Trancas Park - Restroom Supplies 72526 144.38 100-4010-6160-00 Operating Supplies Waxie's Enterprises LLC Charmlee Park - Restroom Supplies 72526 96.25 100-4010-6160-00 Operating Supplies Waxie's Enterprises LLC Bluffs Park - Restroom Supplies 72526 430.43 Vendor Subtotal for Section 2:4010 767.31
Section 2:4010
100-4010-6300-00 Repair & Maint. Supplies Anawalt Lumber Co., Inc CS - Gator Equipment 72468 3.94 Vendor Subtotal for Section 2:4010 3.94
Section 2:4010
100-4010-6400-00 Clothing & Emergency Gear Anawalt Lumber Co., Inc CS - Safety PPE 72468 100.05 Vendor Subtotal for Section 2:4010 100.05
Section 2:4011
100-4011-5107-00 Contract Personnel Landscape Development, Inc. 2024 Chumash Day Ecology Svcs 72482 4,320.00 Vendor Subtotal for Section 2:4011 4,320.00
Section 2:4011
AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 8 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount 100-4011-5107-00 Contract Personnel Ultimate Maintenance Services Inc 2024 Chumash Day - Janitorial Svcs 72525 790.00 Vendor Subtotal for Section 2:4011 790.00
Section 2:4011
100-4011-5107-00 Contract Personnel U.S. Bank CS-4743 Good Night Inn - Chumash Day Accomodations 72578 1,857.89 Vendor Subtotal for Section 2:4011 1,857.89
Section 2:4011
100-4011-6160-00 Operating Supplies U.S. Bank CS-7084 Special Event Supplies 72578 1,680.05 100-4011-6160-00 Operating Supplies U.S. Bank CS-4743 2024 Chumash Day Supplies 72578 18,180.53 100-4011-6160-00 Operating Supplies U.S. Bank CS-1673 Malibu Hardware - Chumash Day Supplies 72578 171.53 100-4011-6160-00 Operating Supplies U.S. Bank CS-7118 Special Event - Supplies 72578 579.64 Vendor Subtotal for Section 2:4011 20,611.75
Section 2:4012
100-4012-5107-00 Contract Personnel Carla Bates Instructor - Poetry Workshops Feb '24 72471 400.00 Vendor Subtotal for Section 2:4012 400.00
Section 2:4012
100-4012-5107-00 Contract Personnel Mariano Zaro Caffeinated Verse Poetry Workshop 4/20/24 72577 150.00 Vendor Subtotal for Section 2:4012 150.00
Section 2:4012
100-4012-6160-00 Operating Supplies U.S. Bank CS-7084 Malibu Arts Supplies 72578 135.11 100-4012-6160-00 Operating Supplies U.S. Bank CS-2169 Hobby Lobby/Next Day Flyers - Supplies 72578 124.86 Vendor Subtotal for Section 2:4012 259.97
Section 2:7001
100-7001-5300-00 Travel and Training U.S. Bank CM-5601 Senate Mtg Expenses 4/9/24 72578 5,174.89 Vendor Subtotal for Section 2:7001 5,174.89
AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 9 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Section 2:7001
100-7001-5930-02 Comm Grants-Malibu Edu Fndn Malibu Education Foundation FY 23/24 General Fund Grant - Pymt 2 72560 153,100.00 Vendor Subtotal for Section 2:7001 153,100.00
Section 2:7001
100-7001-6160-00 Operating Supplies U.S. Bank CM-5259 Ollo - Closed Session Dinner 3/25/24 72578 235.00 Vendor Subtotal for Section 2:7001 235.00
Section 2:7001
100-7001-6170-00 Events U.S. Bank CC-1018 Conejo Awards - Service Awards 72578 554.23 Vendor Subtotal for Section 2:7001 554.23
Section 2:7002
100-7002-5340-00 Transportation & Mileage Parker Davis Reimb - Mileage 4/24/24 72540 14.34 Vendor Subtotal for Section 2:7002 14.34
Section 2:7002
100-7002-5401-00 Advertising & Noticing U.S. Bank CM-0074 Facebook - Ads for City Msgs 72578 240.05 Vendor Subtotal for Section 2:7002 240.05
Section 2:7002
100-7002-6165-00 Website Services CivicPlus LLC Annual Website Fees - Malibu Arts 5/1/24 - 4/30/25 72535 3,270.90 Vendor Subtotal for Section 2:7002 3,270.90
Section 2:7002
100-7002-6170-00 Events U.S. Bank CM-0074 Games/Food for Staff Hike & Picnic Apr '24 72578 791.08 Vendor Subtotal for Section 2:7002 791.08
AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 10 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Section 2:7003
100-7003-5300-00 Travel and Training U.S. Bank CM-5414 Sacramento Senate Mtg 4/9/24 - Travel Expense 72578 549.50 Vendor Subtotal for Section 2:7003 549.50
Section 2:7007
100-7007-5100-00 Professional Services U.S. Bank CC-2343 Dropbox - Monthly 72578 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 Hardrock - CCAC Cof Lodging/Parking 72578 Apr '24 1,113.00 100-7007-5300-00 Travel and Training U.S. Bank CC-0994 CCAC Annual Conf April 2024 72578 767.87 Vendor Subtotal for Section 2:7007 1,880.87
Section 2:7007
100-7007-5340-00 Transportation & Mileage Jason Lawrence Reimb - CCAC Conf Mileage Apr '24 72555 197.65 Vendor Subtotal for Section 2:7007 197.65
Section 2:7007
100-7007-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Ordinance 516 4/18/24 72528 183.60 Vendor Subtotal for Section 2:7007 183.60
Section 2:7021
100-7021-5100-00 Professional Services U.S. Bank PS-4213 Centerpoint - Radius Maps - Impound Yard/KBUU FM 72578 575.00 Vendor Subtotal for Section 2:7021 575.00
Section 2:7021
100-7021-5106-00 Animal Control LA Co Animal Care & Control Animal Control - Mar '24 72499 15,964.70 AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 11 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7021 15,964.70
Section 2:7021
100-7021-5115-00 Law Enforcement Services Dept of the CA Highway Patrol Traffic Enforcement Svcs - Jan '24 72475 25,319.63 Vendor Subtotal for Section 2:7021 25,319.63
Section 2:7021
100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Traffic Enforcement 3/3 - 3/28/24 72503 7,983.55 100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Liaison 3/10 - 3/18/24 72503 19,118.56 100-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Lost Hills - Mar '24 72503 848,734.07 Vendor Subtotal for Section 2:7021 875,836.18
Section 2:7021
100-7021-5116-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Beach Team 3/19/24 72503 854.96 Vendor Subtotal for Section 2:7021 854.96
Section 2:7021
100-7021-5119-00 Homeless Outreach and Support Ocean Park Community Center Homeless Svcs - Mar '24 72515 39,568.00 Vendor Subtotal for Section 2:7021 39,568.00
Section 2:7021
100-7021-5300-00 Travel and Training U.S. Bank PS-9005 American Red Cross - Training Returns (3) 72578 -700.00 100-7021-5300-00 Travel and Training U.S. Bank PS-2785 American Red Cross - Training 72578 350.00 100-7021-5300-00 Travel and Training U.S. Bank PS-3820 Travel/Training 72578 952.31 100-7021-5300-00 Travel and Training U.S. Bank PS-3838 Wildland Conf Travel/Training Mar '24 72578 359.49 Vendor Subtotal for Section 2:7021 961.80
Section 2:7021
100-7021-5340-00 Transportation & Mileage Gabriel Etcheverry Reimb - Wildland Fire Conf Mileage Mar '24 72541 52.39 AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 12 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7021 52.39
Section 2:7021
100-7021-5640-00 Equipment Maintenance Southern California Edison Company Tier - Mar '24 72564 53.83 Vendor Subtotal for Section 2:7021 53.83
Section 2:7021
100-7021-5721-00 Telephone Frontier California Inc Phone - Disaster, Tier, E911 - Apr '24 72487 339.87 Vendor Subtotal for Section 2:7021 339.87
Section 2:7021
100-7021-5721-00 Telephone U.S. Bank IS-4175 Public Safety - Starlink 72578 500.00 Vendor Subtotal for Section 2:7021 500.00
Section 2:7021
100-7021-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Public Safety 72566 22.72 Vendor Subtotal for Section 2:7021 22.72
Section 2:7021
100-7021-6160-00 Operating Supplies U.S. Bank IS-4175 Public Safety - DirectTV EOC 72578 190.98 100-7021-6160-00 Operating Supplies U.S. Bank PS-9005 Supplies 72578 3,516.67 Vendor Subtotal for Section 2:7021 3,707.65
Section 2:7054
100-7054-5117-00 Film Permit Consultant Frontier California Inc Phone - Film Fax - Apr '24 72487 -5.74 Vendor Subtotal for Section 2:7054 -5.74
Section 2:7054
100-7054-5117-00 Film Permit Consultant Solid Waste Solutions, Inc. Film Permits - Apr '24 72565 32,214.22 Vendor Subtotal for Section 2:7054 32,214.22
AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 13 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Section 2:7054
100-7054-5300-00 Travel and Training Joseph Toney Reimb - 2024 CalCities CM Conference Lodging 72568 537.30 Vendor Subtotal for Section 2:7054 537.30
Section 2:7054
100-7054-5330-00 Dues & Memberships Government Finance Officers Association Membership 5/1/24 - 4/30/25 R. Neerman ID: 134123001 7545 190.00 Vendor Subtotal for Section 2:7054 190.00
Section 2:7054
100-7054-5340-00 Transportation & Mileage Joseph Toney Reimb - Mileage/Parking 72568 128.33 Vendor Subtotal for Section 2:7054 128.33
Section 2:7054
100-7054-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Finance 72566 202.08 Vendor Subtotal for Section 2:7054 202.08
Section 2:7054
100-7054-6160-00 Operating Supplies U.S. Bank AS-2163 Amazon - Supplies 72578 50.45 Vendor Subtotal for Section 2:7054 50.45
Section 2:7058
100-7058-5300-00 Travel and Training Michele Cook Reimb - CJPIA HR Academy Meals Apr '24 72538 41.19 100-7058-5300-00 Travel and Training Michele Cook Reimb - APA Conf Meals Apr '24 72538 63.62 Vendor Subtotal for Section 2:7058 104.81
Section 2:7058
100-7058-5300-00 Travel and Training U.S. Bank AS-2163 APA NPC24 Career Fair M. Cook 72578 1,640.83 Vendor Subtotal for Section 2:7058 1,640.83
AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 14 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Section 2:7058
100-7058-5320-00 Recruitment Expense Lorrie Feinberg IS Tech Interviews 4/2/24 72550 405.00 Vendor Subtotal for Section 2:7058 405.00
Section 2:7058
100-7058-5320-00 Recruitment Expense U.S. Bank CS-4743 Zinque - Interview Panel Lunch 3/28/24 72578 96.85 100-7058-5320-00 Recruitment Expense U.S. Bank CS-2169 Zinque - Interview Panel Lunch 4/11/24 72578 85.80 100-7058-5320-00 Recruitment Expense U.S. Bank HR-5582 Recruitment Expense 72578 281.62 Vendor Subtotal for Section 2:7058 464.27
Section 2:7058
100-7058-5340-00 Transportation & Mileage Michele Cook Reimb - APA Conf Mileage Apr '24 72538 176.93 100-7058-5340-00 Transportation & Mileage Michele Cook Reimb - CJPIA HR Academy Mileage Apr '24 72538 182.98 Vendor Subtotal for Section 2:7058 359.91
Section 2:7059
100-7059-5210-00 Service Fees & Charges Public Agency Retirement Srvcs PARS Admin Fee - Feb '24 72514 300.00 Vendor Subtotal for Section 2:7059 300.00
Section 2:7059
100-7059-5640-00 Equipment Maintenance Excel Office Services Copier Maint 3/17 - 4/16/24 72484 110.84 Vendor Subtotal for Section 2:7059 110.84
Section 2:7059
100-7059-5640-00 Equipment Maintenance US Bank National Association Toshiba Leases 4/15 - 5/15/24 (4) 72524 3,166.95 Vendor Subtotal for Section 2:7059 3,166.95
Section 2:7059
100-7059-5720-00 Offsite Storage Access Information Intermediate Holdings LLC2024 Offsite Records Services - Apr 72530 2,106.17 Vendor Subtotal for Section 2:7059 2,106.17
AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 15 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Section 2:7059
100-7059-5721-00 Telephone Frontier California Inc Phone - City Hall Fac, Cable, Teleconference - Apr '24 72487 514.50 100-7059-5721-00 Telephone Frontier California Inc Phone - Annex Fax Ln - Apr '24 72487 61.12 100-7059-5721-00 Telephone Frontier California Inc Bluffs Park Public Wifi 4/17 - 5/16/24 72543 148.48 Vendor Subtotal for Section 2:7059 724.10
Section 2:7059
100-7059-5721-00 Telephone Nextiva, Inc. City Hall Phone Svcs 4/18 - 5/17/24 72513 4,121.72 Vendor Subtotal for Section 2:7059 4,121.72
Section 2:7059
100-7059-5721-00 Telephone T-Mobile USA Inc Phones/iPads 3/21 - 4/20/24 72567 360.57 Vendor Subtotal for Section 2:7059 360.57
Section 2:7059
100-7059-5721-00 Telephone Verizon Wireless Services LLC Cell Phone Svcs 3/24 - 4/23/24 72572 4,945.13 Vendor Subtotal for Section 2:7059 4,945.13
Section 2:7059
100-7059-5800-00 Equipment Leases Xerox Corporation Xerox Lease - B8170 4/22 - 5/21/24 72575 687.50 100-7059-5800-00 Equipment Leases Xerox Corporation Xerox Lease - C8155 4/22 - 5/21/24 72576 519.20 Vendor Subtotal for Section 2:7059 1,206.70
Section 2:7059
100-7059-6160-00 Operating Supplies Conejo Awards City Staff Name Badges 72537 60.06 Vendor Subtotal for Section 2:7059 60.06
Section 2:7059
100-7059-6160-00 Operating Supplies CR PRINT Business Cards - City Staff 72539 434.17 Vendor Subtotal for Section 2:7059 434.17
Section 2:7059
AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 16 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount 100-7059-6160-00 Operating Supplies U.S. Bank HR-5582 NonDepartmental Supplies 72578 128.90 100-7059-6160-00 Operating Supplies U.S. Bank AS-2163 Amazon - Copy Room Board 72578 354.85 Vendor Subtotal for Section 2:7059 483.75
Subtotal for Section 1: 100 1,271,954.43
Section 1: 101
Section 2:0000
101-0000-3408-00 Biology Review Fees Anna & David Anawalt Ref - Bio Fee CDP 24-021, 28815 Bison Ct 72467 860.00 Vendor Subtotal for Section 2:0000 860.00
Section 2:0000
101-0000-3414-00 Environmnt'l Health Review Fe Luca Iacovoni Ref - EH Fees CDP 15-062, 33339 PCH 72549 786.00 Vendor Subtotal for Section 2:0000 786.00
Section 2:0000
101-0000-3425-00 CA Bldg Standards Surcharge CA Building Standards Commis. Building Standards Admin Fee - 1st Quarter 2024 (Jan-Mar) 72474 1,248.30 Vendor Subtotal for Section 2:0000 1,248.30
Section 2:2001
101-2001-5100-00 Professional Services Courtney Jean McCammon City Project Contract Biologist - Apr '24 72536 525.00 Vendor Subtotal for Section 2:2001 525.00
Section 2:2001
101-2001-5100-00 Professional Services CSG Consultants, Inc. Planning Consultant Svcs 2/24 - 3/29/24 72481 28,408.75 Vendor Subtotal for Section 2:2001 28,408.75
Section 2:2001
101-2001-5100-01 Coastal Dev. Permit Services Courtney Jean McCammon Contract Biologist - Apr '24 72536 9,912.00 AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 17 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2001 9,912.00
Section 2:2001
101-2001-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff - A. Brown 4/12/24 72464 1,792.00 101-2001-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff - A. Brown 4/26/24 72531 2,240.00 101-2001-5107-00 Contract Personnel OfficeTeam A Robert Half Company Temporary Staff - A. Brown 4/19/24 72531 2,175.04 Vendor Subtotal for Section 2:2001 6,207.04
Section 2:2001
101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 31636 Broad Beach Rd - APR 22-043 72500 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 32752 Pacific Coast Hwy - CDP 17-093 72501 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - Citywide Proj - CC Resolution No. 24-16 72502 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 32420 Pacific Coast Hwy - ACDP 23-01272552 75.00 101-2001-5210-00 Service Fees & Charges LA County Registrar-Recorder LA Co Clerk CEQA Filing - 6625 Zumirez Dr - APR 23-034 72553 75.00 Vendor Subtotal for Section 2:2001 375.00
Section 2:2001
101-2001-5300-00 Travel and Training U.S. Bank PL-5265 AEP - Membership/Workshop T. Eaton 72578 420.00 101-2001-5300-00 Travel and Training U.S. Bank AS-2163 AEP - Dept Webinar 72578 300.00 Vendor Subtotal for Section 2:2001 720.00
Section 2:2001
101-2001-5330-00 Dues & Memberships U.S. Bank PL-5265 Zoom/APA/AEP Memberships 72578 983.45 101-2001-5330-00 Dues & Memberships U.S. Bank AS-2163 AEP/APA - Memberships (4) 72578 544.39 Vendor Subtotal for Section 2:2001 1,527.84
Section 2:2001
101-2001-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - TUP Ordinance 4/18/24 72461 141.52 101-2001-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Public Hearing 10-Day 4/25/24 72461 159.12 101-2001-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Wireless Comm Fac Ordinance 4/18/24 72461 283.05 101-2001-5401-00 Advertising & Noticing 13 Stars Media Legal Notice - Public Hearing 21-Day 4/25/24 72461 186.66 AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 18 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2001 770.35
Section 2:2001
101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings 72480 250.58 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings 72480 785.02 101-2001-5401-00 Advertising & Noticing CR PRINT Public Notice Postcard Mailings - Citywide 72480 573.10 Vendor Subtotal for Section 2:2001 1,608.70
Section 2:2001
101-2001-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Planning 72566 45.34 Vendor Subtotal for Section 2:2001 45.34
Section 2:2004
101-2004-5107-00 Contract Personnel AppleOne Temporary Staff - J. Renet 4/13/24 72469 1,447.60 101-2004-5107-00 Contract Personnel AppleOne Temporary Staff - J. Renet 4/20/24 72532 1,447.60 Vendor Subtotal for Section 2:2004 2,895.20
Section 2:2004
101-2004-5300-00 Travel and Training Ryan Cerny Reimb - CALBO Conf Lodging 4/23 - 4/24/24 72477 303.64 Vendor Subtotal for Section 2:2004 303.64
Section 2:2004
101-2004-5300-00 Travel and Training U.S. Bank ESD-9405 Aurora Training Advantage 72578 596.00 Vendor Subtotal for Section 2:2004 596.00
Section 2:2004
101-2004-5330-00 Dues & Memberships U.S. Bank ESD-9405 APA - Membership Y. Bundy 72578 136.54 101-2004-5330-00 Dues & Memberships U.S. Bank ESD-7736 Illuminating Engr - Membership Y. Bundy 72578 110.00 Vendor Subtotal for Section 2:2004 246.54
AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 19 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Section 2:2004
101-2004-5401-00 Advertising & Noticing 13 Stars Media Ad - Coastal Vulnerability 4/25/24 72461 268.00 Vendor Subtotal for Section 2:2004 268.00
Section 2:2004
101-2004-5401-00 Advertising & Noticing Brian Shore Banner - Development Portal 72569 333.45 Vendor Subtotal for Section 2:2004 333.45
Section 2:2004
101-2004-5401-00 Advertising & Noticing United States Postal Services USPS Bulk Mail - Organic Waste Postcards 72571 1,644.48 Vendor Subtotal for Section 2:2004 1,644.48
Section 2:2004
101-2004-6130-00 Records Retention ISAUSA INC Record Scanning - Geo/Coastal Projects Apr '24 72551 5,727.13 Vendor Subtotal for Section 2:2004 5,727.13
Section 2:2004
101-2004-6160-00 Operating Supplies Smash Athletics Inc B&S Polos - Shipping 72520 22.60 101-2004-6160-00 Operating Supplies Smash Athletics Inc B&S Polos 72520 234.00 Vendor Subtotal for Section 2:2004 256.60
Section 2:2004
101-2004-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Bldg Safety 72566 419.25 Vendor Subtotal for Section 2:2004 419.25
Section 2:2004
101-2004-6160-00 Operating Supplies U.S. Bank ESD-7736 Ralphs/Zinque - Development Portal Training 72578 459.38 101-2004-6160-00 Operating Supplies U.S. Bank ESD-9405 Supplies 72578 661.88 Vendor Subtotal for Section 2:2004 1,121.26
Section 2:2004
101-2004-6200-00 Publications U.S. Bank ESD-9405 NFPA - Publications J. Long 72578 313.85 AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 20 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:2004 313.85
Section 2:2004
101-2004-6400-00 Clothing & Emergency Gear U.S. Bank ESD-9405 Land's End - Dept Uniforms 72578 1,477.53 Vendor Subtotal for Section 2:2004 1,477.53
Section 2:2010
101-2010-5330-00 Dues & Memberships U.S. Bank ESD-9405 NAWT - Membership Y. Bundy 72578 175.00 101-2010-5330-00 Dues & Memberships U.S. Bank ESD-7736 IAPMO - Membership T. Rossine 72578 100.00 Vendor Subtotal for Section 2:2010 275.00
Section 2:2010
101-2010-6160-00 Operating Supplies Staples Contract & Commercial LLC Office Supplies - Wastewater 72566 81.99 Vendor Subtotal for Section 2:2010 81.99
Section 2:3003
101-3003-5100-00 Professional Services Rincon Consultants, Inc On-Call Environmental Svcs - Mar '24 72562 31,290.00 101-3003-5100-00 Professional Services Rincon Consultants, Inc On-Call Environmental Svcs - Feb '24 72562 33,657.25 Vendor Subtotal for Section 2:3003 64,947.25
Section 2:3003
101-3003-5100-02 CIMP Tetra Tech Inc CIMP Monitoring 2/24 - 3/29/24 72523 32,532.18 Vendor Subtotal for Section 2:3003 32,532.18
Subtotal for Section 1: 101 166,433.67
Section 1: 102
Section 2:3002
102-3002-5100-01 Coastal Dev Permit Services Courtney Jean McCammon Woolsey Fire Contract Biologist - Apr '24 72536 2,630.00 AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 21 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:3002 2,630.00
Section 2:3002
102-3002-5100-02 Fire Rebuilds - Planning 4LEAF, Inc Woolsey Fire Contract Planner - Mar '24 72463 16,335.00 Vendor Subtotal for Section 2:3002 16,335.00
Subtotal for Section 1: 102 18,965.00
Section 1: 103
Section 2:9050
103-9050-5100-00 Professional Services Landscape Development, Inc. City Hall Landscape Maint - Apr '24 72482 1,393.26 Vendor Subtotal for Section 2:9050 1,393.26
Section 2:9050
103-9050-5100-00 Professional Services Master Cooling Corporation City Hall HVAC Maint - May '24 72559 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 - May '24 72570 4,350.00 Vendor Subtotal for Section 2:9050 4,350.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance Bear Contractors, Inc. Fire Alarm Upgrade 72472 1,575.00 Vendor Subtotal for Section 2:9050 1,575.00
Section 2:9050
103-9050-5610-00 Facilities Maintenance California Department of Tax & Fee Administration Aqua Chem - Apr '24 Water Treatment Acct#101-349966 72534 348.89 Vendor Subtotal for Section 2:9050 348.89
Section 2:9050
103-9050-5610-00 Facilities Maintenance G.I. Industries Garbage - City Hall Green Waste - May '24 72546 54.23 AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 22 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:9050 54.23
Section 2:9050
103-9050-5610-00 Facilities Maintenance U.S. Bank AS-7465 City Hall Fac Maint 72578 1,511.12 Vendor Subtotal for Section 2:9050 1,511.12
Section 2:9050
103-9050-5721-00 Telephone Frontier California Inc Phone - City Hall Septic, Irrigation, Fire, Elevator - Apr '24 72487 345.10 Vendor Subtotal for Section 2:9050 345.10
Section 2:9050
103-9050-5722-00 Electricity Southern California Edison Company City Hall - Mar '24 72564 8,471.62 Vendor Subtotal for Section 2:9050 8,471.62
Section 2:9050
103-9050-6160-00 Operating Supplies AAA Propane Services, Inc. City Hall Propane 72529 1,122.10 Vendor Subtotal for Section 2:9050 1,122.10
Section 2:9050
103-9050-6160-00 Operating Supplies W.W. Grainger,Inc City Hall - Supplies 72491 21.41 Vendor Subtotal for Section 2:9050 21.41
Section 2:9050
103-9050-6160-00 Operating Supplies HD Supply Inc City Hall - Janitorial Supplies 72494 414.82 Vendor Subtotal for Section 2:9050 414.82
Section 2:9050
103-9050-6160-00 Operating Supplies U.S. Bank AS-7465 OM Chairs - Office Chairs 72578 1,710.00 103-9050-6160-00 Operating Supplies U.S. Bank AS-7465 OM Chairs - Office Chairs 72578 1,710.00 103-9050-6160-00 Operating Supplies U.S. Bank AS-7465 Amazon - Supplies 72578 417.77 Vendor Subtotal for Section 2:9050 3,837.77
AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 23 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Section 2:9050
103-9050-6300-00 Tools & Minor Equipment U.S. Bank AS-7465 Amazon - Circuit Locator 72578 49.47 Vendor Subtotal for Section 2:9050 49.47
Subtotal for Section 1: 103 25,527.69
Section 1: 203
Section 2:3009
203-3009-5148-00 Special Event Rec Transit Fast Deer Bus Charter Inc. Sr Excursion Bus - Huntington Library 4/22/24 72485 2,070.00 Vendor Subtotal for Section 2:3009 2,070.00
Subtotal for Section 1: 203 2,070.00
Section 1: 207
Section 2:3004
207-3004-5100-00 Professional Services Solid Waste Solutions, Inc. SB 1383 Outreach - Apr '24 72565 1,940.00 207-3004-5100-00 Professional Services Solid Waste Solutions, Inc. Solid Waste Consultant - Hauler Permits/AB 939 - Apr '24 72565 1,501.00 Vendor Subtotal for Section 2:3004 3,441.00
Section 2:3004
207-3004-5100-01 Dumpster Lid Enforcement Solid Waste Solutions, Inc. Dumpster Lid Enforcement - Apr '24 72565 465.50 Vendor Subtotal for Section 2:3004 465.50
Section 2:3004
207-3004-5401-00 Advertising & Noticing 4imprint Inc Tote Bags 72462 697.87 Vendor Subtotal for Section 2:3004 697.87
Section 2:3004
AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 24 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount 207-3004-6160-00 Operating Supplies U.S. Bank ESD-7736 Custom Coasters - Earth Day Coasters 72578 236.00 207-3004-6160-00 Operating Supplies U.S. Bank ESD-7736 Custom Coasters - Earth Day Coasters 72578 47.89 Vendor Subtotal for Section 2:3004 283.89
Subtotal for Section 1: 207 4,888.26
Section 1: 211
Section 2:7021
211-7021-5115-00 Law Enforcement Services LA Co Sheriff's Department Sheriff's Svcs - Brulte - Mar '24 72503 4,817.68 Vendor Subtotal for Section 2:7021 4,817.68
Subtotal for Section 1: 211 4,817.68
Section 1: 215
Section 2:7070
215-7070-7800-00 Other Equipment Williams Scotsman Inc MCLE Restroom Trailer - Tank 4/16 - 5/13/24 72573 1,085.27 215-7070-7800-00 Other Equipment Williams Scotsman Inc Temporary Office Trailer 3/28 - 4/27/24 72573 1,470.82 215-7070-7800-00 Other Equipment Williams Scotsman Inc Temporary Office Trailer 4/28 - 5/27/24 72573 1,470.82 215-7070-7800-00 Other Equipment Williams Scotsman Inc MCLE Restroom Trailer - Tank 2/20 - 3/18/24 72573 1,084.51 215-7070-7800-00 Other Equipment Williams Scotsman Inc MCLE Restroom Trailer - Tank 3/19 - 4/15/24 72573 1,034.00 215-7070-7800-00 Other Equipment Williams Scotsman Inc MCLE Restroom Trailer - Toilet Unit 3/20 - 4/16/24 72573 4,331.10 Vendor Subtotal for Section 2:7070 10,476.52
Subtotal for Section 1: 215 10,476.52
Section 1: 290
Section 2:6002
290-6002-5722-00 Electricity Southern California Edison Company Asmt Dist Big Rock - Mar '24 72564 1,837.89 290-6002-5722-00 Electricity Southern California Edison Company Big Rock Inland Pump - Mar '24 72564 -6.32 Vendor Subtotal for Section 2:6002 1,831.57
AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 25 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Subtotal for Section 1: 290 1,831.57
Section 1: 291
Section 2:6003
291-6003-5722-00 Electricity Southern California Edison Company Asmt dst Malibu Rd - Mar '24 72564 -195.87 Vendor Subtotal for Section 2:6003 -195.87
Subtotal for Section 1: 291 -195.87
Section 1: 292
Section 2:6004
292-6004-5722-00 Electricity Southern California Edison Company Asmt Dist Calle Del - Mar '24 72564 -50.28 292-6004-5722-00 Electricity Southern California Edison Company Calle Del Barco - Mar '24 72564 -71.02 292-6004-5722-00 Electricity Southern California Edison Company Asmt Dist Rambla-Calle - Mar '24 72564 -63.94 Vendor Subtotal for Section 2:6004 -185.24
Subtotal for Section 1: 292 -185.24
Section 1: 310
Section 2:9002
310-9002-7901-00 Street Improvements 13 Stars Media Legal Notice - NIB Morning View Rehab 3/28 & 4/4/24 72461 318.24 Vendor Subtotal for Section 2:9002 318.24
Section 2:9002
310-9002-7901-00 Street Improvements J & H Engineering General Contractors Inc Malibu Park Resurfacing Project 3/16 - 4/16/24 72495 160,035.90 Vendor Subtotal for Section 2:9002 160,035.90
Section 2:9059
310-9059-5100-00 Professional Services 13 Stars Media Legal Notice - PCH Median Proj Nov '23 72461 318.24 Vendor Subtotal for Section 2:9059 318.24
AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 26 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Section 2:9066
310-9066-5100-00 Professional Services Kimley-Horn and Associates Inc PCH Signal Synch System - Feb '24 72496 27,537.50 Vendor Subtotal for Section 2:9066 27,537.50
Subtotal for Section 1: 310 188,209.88
Section 1: 500
Section 2:7008
500-7008-5100-00 Professional Services Landscape Development, Inc. Legacy Park Landscape Maint/Liners - Apr '24 72482 17,055.29 Vendor Subtotal for Section 2:7008 17,055.29
Section 2:7008
500-7008-5610-00 Facility Maintenance 101 Roofing and Construction Malibu Animal Hospital - Roof Repair Cont 72527 1,900.00 Vendor Subtotal for Section 2:7008 1,900.00
Section 2:7008
500-7008-5722-00 Electricity Southern California Edison Company Legacy Park Lift Station - Mar '24 72564 1,191.92 500-7008-5722-00 Electricity Southern California Edison Company 23661 PCH - Mar '24 72564 675.00 Vendor Subtotal for Section 2:7008 1,866.92
Subtotal for Section 1: 500 20,822.21
Section 1: 515
Section 2:3010
515-3010-5721-00 Telephone Frontier California Inc Phone - CCWWTF 4/4 - 5/3/24 72543 163.58 515-3010-5721-00 Telephone Frontier California Inc Phone - CCWWTF 4/8 - 5/7/24 72543 386.08 Vendor Subtotal for Section 2:3010 549.66
AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 27 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Section 2:3010
515-3010-5722-00 Electricity Southern California Edison Company Injection Wells/CCWWTF - Mar '24 72564 47.44 515-3010-5722-00 Electricity Southern California Edison Company CCWWTF - Mar '24 72564 12,113.76 Vendor Subtotal for Section 2:3010 12,161.20
Subtotal for Section 1: 515 12,710.86
Section 1: 601
Section 2:3005
601-3005-5722-00 Electricity Southern California Edison Company Electric Car Charger - Mar '24 72564 553.93 Vendor Subtotal for Section 2:3005 553.93
Section 2:3005
601-3005-6330-00 Vehicle Repair & Maintenance Vasudevan Naicker Car Wash City Vehicles 4/25/24 72511 155.00 601-3005-6330-00 Vehicle Repair & Maintenance Vasudevan Naicker Car Wash City Vehicles 5/3/24 72561 70.00 Vendor Subtotal for Section 2:3005 225.00
Section 2:3005
601-3005-6500-00 Motor Fuels Wright Express FSC Wex Bank Gas Receipts 3/24 - 4/23/24 72478 1,704.74 Vendor Subtotal for Section 2:3005 1,704.74
Section 2:3005
601-3005-6500-00 Motor Fuels U.S. Bank CS-1673 Chevron - Fleet Fuel 72578 130.00 601-3005-6500-00 Motor Fuels U.S. Bank CS-7433 Chevron - Fleet Fuel 72578 181.02 601-3005-6500-00 Motor Fuels U.S. Bank CS-2481 Exxon Mobil - Fleet Fuel 72578 369.90 601-3005-6500-00 Motor Fuels U.S. Bank PW-8679 Shell - Fleet Fuel 72578 92.00 601-3005-6500-00 Motor Fuels U.S. Bank PW-1571 Fleet Fuel 72578 220.96 601-3005-6500-00 Motor Fuels U.S. Bank PW-9093 Chevron/Shell - Fleet Fuel 72578 271.83 Vendor Subtotal for Section 2:3005 1,265.71
Section 2:3005
601-3005-7700-00 Vehicles Galpin Motors, Inc 2024 Ford Explorer 4WD - PW 72488 47,996.25 AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 28 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount 601-3005-7700-00 Vehicles Galpin Motors, Inc 2024 Ford Explorer RWD - Code Enforcement 72489 45,312.25 601-3005-7700-00 Vehicles Galpin Motors, Inc 2024 Ford Ranger Truck - B&S 72544 41,572.25 Vendor Subtotal for Section 2:3005 134,880.75
Subtotal for Section 1: 601 138,630.13
Section 1: 602
Section 2:7060
602-7060-5100-00 Professional Services Bluebeam Inc Travel Expenses for Training Svcs 72473 2,000.30 Vendor Subtotal for Section 2:7060 2,000.30
Section 2:7060
602-7060-5107-00 Contract Personnel Roth Staffing Companies LP Temporary Staff - E. Saeidi 4/7/24 72519 2,380.00 602-7060-5107-00 Contract Personnel Roth Staffing Companies LP Temporary Staff - E. Saeidi 4/14/24 72519 2,380.00 602-7060-5107-00 Contract Personnel Roth Staffing Companies LP Temporary Staff - E. Saeidi 4/21/24 72563 2,380.00 Vendor Subtotal for Section 2:7060 7,140.00
Section 2:7060
602-7060-5330-00 Dues & Memberships U.S. Bank IS-5921 Amazon - Membership 72578 196.90 Vendor Subtotal for Section 2:7060 196.90
Section 2:7060
602-7060-5721-00 Telephone Frontier California Inc Phone - City Hall Fac Internet - Apr '24 72487 859.00 602-7060-5721-00 Telephone Frontier California Inc Fiber Optic Svcs 4/15 - 5/14/24 72487 1,630.00 Vendor Subtotal for Section 2:7060 2,489.00
Section 2:7060
602-7060-6120-00 Computer Software U.S. Bank IS-4175 Computer Software 72578 17,107.42 602-7060-6120-00 Computer Software U.S. Bank IS-5921 Sonicwall/GoDaddy/Norton - Software 72578 653.61 AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 29 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:7060 17,761.03
Section 2:7060
602-7060-6160-00 Operating Supplies U.S. Bank IS-5921 Amazon - Supplies 72578 115.97 Vendor Subtotal for Section 2:7060 115.97
Section 2:7060
602-7060-7400-00 Computer Equipment Austin Hajjar Trancas Park - Solar Emergency Call Box 72548 3,903.90 602-7060-7400-00 Computer Equipment Austin Hajjar Charmlee Park - Solar Emergency Call Box 72548 3,903.90 Vendor Subtotal for Section 2:7060 7,807.80
Section 2:7060
602-7060-7400-00 Computer Equipment U.S. Bank IS-5921 Amazon Return - Computer Equipment 72578 -657.71 602-7060-7400-00 Computer Equipment U.S. Bank IS-4175 Computer Equipment 72578 10,224.59 602-7060-7400-00 Computer Equipment U.S. Bank IS-4175 Maverick - Shipping 72578 48.08 602-7060-7400-00 Computer Equipment U.S. Bank IS-4175 Maverick - Asset Labels 72578 1,088.73 Vendor Subtotal for Section 2:7060 10,703.69
Subtotal for Section 1: 602 48,214.69
Section 1: 710
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Kiersten Austefjord Ref - City Hall Rental Deposit 4/13/24 72470 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Emily Ave Ref - E. Ave, Fac Rental Deposit 4/21/24 72533 250.00 Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-12 Parks - Security Deposits Sterling Hackley Ref - S. Hackley, Fac Rental Deposit 4/20/24 72547 250.00 AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 30 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 250.00
Section 2:0000
710-0000-2270-44 Library Event 13 Stars Media Ad - MLSS The Ripple Effect 4/25/24 72461 268.00 Vendor Subtotal for Section 2:0000 268.00
Section 2:0000
710-0000-2270-44 Library Event Arastou Aminzadeh Poet - The Ripple Effect 5/4/24 A. Aminzadeh 72466 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
710-0000-2270-44 Library Event A Call 2Peace Foundation Musician - The Ripple Effect 5/4/24 A Call 2 Peace 72476 200.00 Vendor Subtotal for Section 2:0000 200.00
Section 2:0000
710-0000-2270-44 Library Event Margaret Franco Poet - The Ripple Effect 5/4/24 M. Franco 72486 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
710-0000-2270-44 Library Event Cynthia Good Poet - The Ripple Effect 5/4/24 C. Good 72490 100.00 Vendor Subtotal for Section 2:0000 100.00
Section 2:0000
710-0000-2270-44 Library Event Elissa Marshall Poet - The Ripple Effect 5/4/24 E. Marshall 72507 25.00 Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
710-0000-2270-44 Library Event Jolynn Regan Adult Poet - The Ripple Effect 5/4/24 J. Regan 72516 100.00 710-0000-2270-44 Library Event Jolynn Regan Poet - The Ripple Effect 5/4/24 J. Regan 72516 25.00 Vendor Subtotal for Section 2:0000 125.00
Section 2:0000
710-0000-2270-44 Library Event Stephanie Rocca Poet - The Ripple Effect 5/4/24 S. Rocca 72518 25.00 AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 31 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount Vendor Subtotal for Section 2:0000 25.00
Section 2:0000
710-0000-2270-44 Library Event U.S. Bank CS-7084 Party Pleasers - Poetry Summit 5/4/24 MLSS 72578 281.53 Vendor Subtotal for Section 2:0000 281.53
Section 2:0000
710-0000-2270-54 Recorded Document Fees LA Co Registrar Recorder/Cty Clerk Recorded Document Fees - Feb '24 72554 40.00 710-0000-2270-54 Recorded Document Fees LA Co Registrar Recorder/Cty Clerk Recorded Document Fees - Mar '24 72554 138.00 Vendor Subtotal for Section 2:0000 178.00
Subtotal for Section 1: 710 2,002.53
Section 1: 900
Section 2:0000
900-0000-2041-00 PARS U.S. Bank PR Batch 70009.05.2024 PARS - ER Share 72583 190.44 900-0000-2041-00 PARS U.S. Bank PR Batch 70009.05.2024 PARS - EE Share 72583 908.20 Vendor Subtotal for Section 2:0000 1,098.64
Section 2:0000
900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70009.05.2024 ICMA Def Comp - % of Salary 72580 1,114.96 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70009.05.2024 ICMA Def Comp - Flat Amount 72580 13,325.39 900-0000-2042-00 Deferred Compensation 457 ICMA-MissionSquare Retirement - 303615 PR Batch 70009.05.2024 ER Contribution to ICMA 72580 3,400.00 Vendor Subtotal for Section 2:0000 17,840.35
Section 2:0000
900-0000-2042-01 ICMA Loan Program ICMA-MissionSquare Retirement - 303615 PR Batch 70009.05.2024 ICMA Loan Program 72580 810.08 Vendor Subtotal for Section 2:0000 810.08
Section 2:0000
AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 32 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55 Account Number Description Vendor Description Check No Amount 900-0000-2043-00 Deferred Compensation 401 ICMA-MissionSquare Retirement - 108658 PR Batch 70009.05.2024 ICMA - City Manager 72581 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 70009.05.2024 ICMA - Dept Heads 72582 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 70009.05.2024 Income Withholding Order-Calif 72579 339.69 Vendor Subtotal for Section 2:0000 339.69
Subtotal for Section 1: 900 21,688.76
Report Total: 1,938,862.77
AP-Transactions by Account (05/14/2024 - 4:26 PM) Page 33 DocuSign Envelope ID: 87394BB3-C751-44A5-A81C-2CFEE6435D55

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: May 16, 2024 Meeting date: May 28, 2024
Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the March 27, 2024 Special Meeting, and April 8, 2024 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 March 27, 2024, and April 8, 2024.

ATTACHMENTS:

March 27, 2024 Special Meeting
April 8, 2024 Regular Meeting
City Council Meeting
05-28-24
Item

3.B.3.

Attachment 1

MINUTES

MALIBU CITY COUNCIL

SPECIAL MEETING
MARCH 27, 2024

COUNCIL CHAMBERS
4:00 P.M.

MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 4:00 p.m.

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

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

PLEDGE OF ALLEGIANCE
City Manager McClary led the Pledge of Allegiance.

REPORT ON POSTING OF AGENDA
City Clerk Pettijohn reported that the agenda for the meeting was properly posted on March 21, 2024.

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

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

Speakers: None.

RECESS TO CLOSED SESSION
At 4:02 p.m. on the advice of counsel and based on existing facts and circumstances, the Council recessed to the Council Chambers for the Closed Session to discuss the following items listed on the Closed Session agenda:

Malibu City Council
Minutes of March 27, 2024

_________________________
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

CLOSED SESSION REPORT
Interim City Attorney Rusin reported that the meeting convened at 4:00 p.m. after which time the City Council recessed to a Closed Session pursuant to Government Code Section 54956.9(d)(1), with all Councilmembers present. 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 6:03 p.m.

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

MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
APRIL 8, 2024

COUNCIL CHAMBERS
6:30 P.M.

MEETING CALL TO ORDER
Mayor Uhring called the meeting to order at 6:30 p.m.

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

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

ABSENT: Councilmember Bruce Silverstein.

ALSO PRESENT: Kellan Martz, Deputy City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Kelsey Pettijohn, City Clerk; Kristin Riesgo, Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Richard Mollica, Planning Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Parker Davis, Media Technician; and Christina Muñoz, Deputy City Clerk

PLEDGE OF ALLEGIANCE
Don Schmitz 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 March 29, 2024.

APPROVAL OF AGENDA
MOTION Councilmember Stewart moved, and Councilmember Riggins seconded a motion to approve the agenda.

SUBSTITUE MOTION
Mayor Uhring moved to approve the agenda, hearing Item No. 6.B. after the consent calendar.

The Council discussed the amendment.

Councilmember Grisanti seconded the substitute motion.

The substitute motion carried 4-0, Councilmember Silverstein absent.

Malibu City Council
Minutes of April 8, 2024

_________________________
ITEM 1 CEREMONIAL/PRESENTATIONS
A. Presentation on California State Parks Fire Defense Program Richard Fink, California State Parks, presented on the Fire Defense Program for State owned facilities that are within the City of Malibu and any facilities near the City of Malibu boundaries.

Mayor Pro Tem Stewart inquired if the district the City of Malibu is located in receives the most amount of visitors.

Councilmember Riggins thanked the presenter and made a request to the City Manger to post the information on the City Website.

Mayor Uhring thanked the presenter.

ITEM 2.A. PUBLIC COMMENTS
Chris Deleau applauded the launch of the City’s new development portal and discussed the process of development appeals. He described the long appeal times, that can approach approximately 280 days. He is requesting the backlog for appeals be addressed by holding additional meetings.

Don Schmitz commended staff for their work on the Malibu Jewish Center project.

He explained Planning Director Mollica, Deputy Planning Director Fernandez, Contract Geotechnical Engineer Doyle, and Environmental Sustainability Director Bundy were exceptional in this process. He stated he was impressed by the work from all of the City Departments. He wanted to ensure they receive recognition.

Norm Haynie commended Planning Director Mollica, Deputy Planning Director Fernandez, and Environmental Sustainability Director Bundy for all their work. He also spoke on retention of Planning Staff and suggested higher salaries for Planning Staff. He also spoke about raising the cost of development fees to assist with higher salaries for development staff.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES Scott Dittrich thanked the City Council for their hours of service. He spoke on concerns over the accidents taking place on Pacific Coast Highway (PCH) and all the road closures on PCH. He expressed the concern over Caltrans inability to manage PCH and decide on how to remedy the issues. He stated the traffic and road closures are causing people to move out of the City and into other areas with better traffic. He expressed a desire for the City to take an official position on how to manage the ongoing issues on PCH.

Malibu City Council
Minutes of April 8, 2024

_________________________
City Manager McClary thanked Superintendent Fink for their presentation and thanked Don Schmitz for their comments regarding staff. He addressed Norm Haynie’s comment, expressing the Classification and Compensation study will address some of his concerns.

City Manager McClary provided an update on road closures due to rock and mud slides. He stated Topanga Canyon remained closed and the slide was still gradually shifting. He stated after the weekend rains Caltrans will be assessing the condition of the Canyon. He stated Caltrans will be installing a temporary traffic signal at Tuna Canyon Road and Pacific Coast Highway (PCH). He stated much of the debris at Big Rock had settled and Caltrans planned to conduct an inspection. He stated construction of the rock fence at Coral Canyon and Latigo Canyon will be completed next week, ending any road closures at that location. He stated that the signal synchronization project was underway at Big Rock and Las Flores, with a lane closure at Moonshadows and La Costa and crews would implement alternative traffic control when feasible. He stated the enforcement statistics for March from the Sheriff’s Department and California Highway Patrol (CHP) wrote 321 citations with 80 percent of them for speeding. He stated for the year they have issued a total of 864 citations with 86% of them for speeding. He stated the CHP Special Task Force conducted a special event that resulted in 42 citations: 16 for distracted driving and 15 for speeding. He stated that a delegation representing the City would speak to the Senate Transportation Committee in Sacramento on Senate Bill (SB) 1297, the bill to allow speed cameras on PCH. He stated April was Earth month and the City will be hosting events related to recycling, waste reduction, water conservation, and energy conservation. He stated the City Council Policy Review Ad Hoc Committee had meetings and had worked on a draft code of ethics that would be brought to the City Council in the future. He stated the Library Subcommittee had a meeting and would bring their recommendations for Library funding for Fiscal Year (FY) 24-25 draft to City Council.

Mayor Pro Tem Stewart requested the City Manager address Chris Deleau’s concerns over the appeal backlog. City Manager Mclary stated staff would research solutions by meeting with staff and Councilmembers.

Mayor Uhring stated Sergeant Chris Soderlund, Los Angeles County Sheriff Department, was on the cover of the Malibu Times celebrating his one-year anniversary of service with the City of Malibu.

Sergeant Soderlund thanked the City Council and then provided the Crime Statics for March 2024. He stated to date this calendar year there have been 99 crimes, a three-percent increase from last year. He stated the crimes varied from assault to burglaries. He stated in the month of March 552 citations were issued, most frequently cited was unsafe speed and there were 29 collisions. He stated there were two fatalities involving vehicles; a 32-year-old male transient committed suicide by stepping in front of a semi-truck heading southbound on PCH. The second fatality was a vehicle went over Malibu Canyon, and the 61-year-old female was pronounced deceased on the scene, the matter is still under investigation. He stated Malibu City Council
Minutes of April 8, 2024

_________________________
the Malibu special assignment deputies made a total of 11 arrests for: reckless driving, possession of nitrous oxide, felony vandalism. He stated the suspect who chased and harassed the Pepperdine cross country team was arrested. He stated the overnight car made a total of 22 arrests, five for felony arrests and 17 were misdemeanor arrests. He stated on April 4, 2024, three vehicles on PCH were driving at a high rate of speed of 104 miles per hour. He stated all three vehicles were impounded for 30 days, and the suspects were arrested.

A Member of the public asked to compare last year speed citations and this year’s speed citations.

Sergeant Soderlund stated he would return with that information.

The City Council thanked him for his service.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Riggins thanked staff for the Chumash Day event and thanked the speakers for their compliments to staff. She stated it is incumbent upon applicants of projects to submit compliant projects. She explained that the City has the Malibu Municipal Code (MMC) and Local Costal Program (LCP) that must be adhered to.

She stated she attended the Library Subcommittee meeting and a Clean Power Alliance (CPA) Board meeting. She explained there is a potential dip in rates from CPA and a potential increase from Southern California Edison (SCE). She stated more information can be found on the CPA website. She stated she attended a local cities event in Downtown Los Angeles with Los Angeles County (LA County) Department Heads. She explained the Fire Department is anticipating replacing outdated vehicles and other infrastructure through a possible ballot measure. She stated attended a School District Separation meeting and there will be a special meeting on April 10, 2024 and another event on Saturday related to school separation. She stated the next library speaker series event will be held on April 11, 2024.

Councilmember Grisanti state he also attended School District Separation meetings and reminded the public of the April 10, 2024 special meeting workshop to discuss the revenue sharing agreement, which is necessary before moving onto the operation agreement and the Joint Powers agreement. He stated he attended a meeting with neighborhood group Rosie Dagget in the Las Tunas Beach area. He stated he attended the Chumash Day event. He stated he attended a Malibu Road Homeowners Association (HOA) meeting with Mayor Pro Tem Stewart and expressed the willingness to meet with any other HOA groups to address any questions or concerns.

Mayor Pro Tem Stewart stated he attended the meeting with Malibu Road HOA and stated he found the interaction informative and helpful. He also addressed the concerns regarding the backlog of appeals, stating that he encourages residents to settle privately as much as possible. He indicated agreement with City Manager Malibu City Council
Minutes of April 8, 2024

_________________________
McClary that research must be conducted to find a solution. He expressed concern with all of the road work on PCH and requested staff find any solutions to shorten any closures on PCH. He stated he attended a City Council Policy Review Ad Hoc Committee meeting, and a draft Code of Conduct would be brought forward to the City Council. He stated he attended a Property Insurance Workshop Townhall with Los Angeles County and Assemblymember Jacqui Irwin. He expressed he was pleased with the Chumash Day event and thanked City staff and the community.

He stated he will be part of the City delegation in support of SB 1297. He thanked Assembly Irwin for her work on the bill and Deputy City Manager Brown for oversight on the PCH safety project.

Mayor Uhring discussed the significance of California Strategies and their efforts on representing the City in Sacramento to the Transportation Committee regarding SB 1297 and thanked Deputy City Manger Brown as well for her efforts for PCH safety. He stated the Chumash Day event was a success and thanked Community Services Director Riesgo for her work on the event. He stated Malibu had a birthday on March 28, 2024 for its 33rd year as a city. He indicated agreement with Councilmember Riggins about the significance of the April 10, 2024 School District Separation Workshop. He addressed the comments regarding appeals and stated approvals are difficult when limits are pushed.

ITEM 3 CONSENT CALENDAR
Item No. 3.B.8. was pulled by the Council.

MOTION Councilmember Grisanti moved, and Mayor Pro Tem Stewart seconded a motion to approve the Consent Calendar, pulling Item No. 3.B.8. The motion carried 4-0, Councilmember Silverstein absent.

The Consent Calendar consisted of the following items:

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.

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 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 Malibu City Council
Minutes of April 8, 2024

_________________________
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.

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.

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.

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.

6. Zuma Foundation Inc. Insurance
Recommended Action: Approve the revised insurance requirements as part of the Road Race Agreement with Zuma Foundation Inc.

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.

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.

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

8. Annual Progress Report Regarding the Implementation of the City’s Housing Element
Recommended Action: Approve the 2023 Annual Housing Element Progress Report.

Planning Director Mollica presented the staff report.

Malibu City Council
Minutes of April 8, 2024

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

The Council discussed the item and directed questions to staff.

MOTION Councilmember Riggins moved, and Mayor Pro Tem Stewart seconded a motion to approve the 2023 Annual Housing Element Progress Report. The motion carried 4-0, Councilmember Silverstein absent.

ITEM 6 NEW BUSINESS
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.

Planning Director Mollica presented the staff report.

Mayor Uhring opened the floor to public comment.

Speakers: Lloyd Ahern (Bobby deferred time to Mr. Ahern), Larry Weiner (Chris Griffiths deferred time to Mr. Weiner), Scott Dittrich (Norm Haynie deferred time to Mr. Dittrich) and Danielle Lafur
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.

The Council discussed the item.

MOTION Mayor Pro Tem Stewart moved, and Councilmember Riggins seconded a motion to approve the comment letter on the Draft Environmental Impact Report for the Topanga Lagoon Restoration Project approved as to form by the City Attorney to include comments submitted by the law firm Richards, Watson, and Gershon. The motion carried 4-0, Councilmember Silverstein absent.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS

None.

ITEM 5 OLD BUSINESS
None.

Malibu City Council
Minutes of April 8, 2024

_________________________
ITEM 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.

Assistant City Manager Toney presented the staff report.

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

The Council discussed the item.

MOTION Mayor Pro Tem Stewart moved, and Councilmember Grisanti seconded a motion to 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.The question was called, and the motion carried with a 4-0 vote, Councilmember Silverstein absent.

ITEM 7 COUNCIL ITEMS
None.

ADJOURNMENT
Mayor Uhring adjourned the meeting at 8:49 p.m.

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

Agenda Item # 3.B.4.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Brandie Ayala, Administrative Analyst
Reviewed by: Robert DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: May 6, 2024 Meeting date: May 28, 2024
Subject: Community Facilities District No. 2006-1 (Carbon Beach Utility Undergrounding) – Levy of Special Tax for Fiscal Year 2024-2025 RECOMMENDED ACTION: Adopt Resolution No. 24-23 of the City Council of the City of Malibu acting in its capacity as the legislative body of Community Facilities District (CFD) No. 2006-1 of the City of Malibu (Carbon Beach Utility Undergrounding) authorizing the levy of a special tax for Fiscal Year (FY) 2024-2025.

FISCAL IMPACT: There is no fiscal impact on the General Fund associated with the recommended action. Bonds are a special obligation of the CFD and are payable and secured by a pledge of special taxes levied on the property within the CFD. Neither the faith nor credit of the City is pledged to or responsible for the repayment of the bonds.

The City collects an annual administration fee to pay for annual costs of administering the CFD. The proposed total special tax levy for FY 2024-2025 is $231,507.32. With the exception of Assessor's Parcel 4451-005-036, the proposed levy per parcel is $5,261.53 as shown in Exhibit A of Attachment 1. Assessor's Parcel 4451-005-036 is the consolidation of Assessor's Parcels 4451-005-022 and 4451-005-023, and therefore the applicable levy is $10,523.06. The proposed assessments amount is lower than last year’s amount of $5,361.65 due to lower scheduled annual debt service on the bonds in 2025 as compared to 2024, a lower delinquency contingency corresponding to the lower annual debt service, and a lower projected fiscal year end surplus of funds. The special tax levy for CFD No. 2006-1 is to be collected by the County of Los Angeles on the consolidated property tax bills. The County of Los Angeles Auditor-Controller has an assigned account number 203.60 for the collection of special taxes for the CFD.

City Council Meeting
05-28-24
Item

3.B.4.

Agenda Item # 3.B.4.

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

DISCUSSION: CFD No. 2006-1 was formed through the adoption of Resolution Nos. 06- 54, 06-55, 07-05, and 07-06 based on petitions from property owners and/or registered voters within the CFD. CFD No. 2006-1 was formed to finance the undergrounding of utilities in the Carbon Beach area from about 22108 to 21746 Pacific Coast Highway.

Pursuant to said adopted resolutions, a special tax and bond election was held on May 8, 2007, and the City Clerk’s office canvassed the results. Measure D was approved 21 to 8 by the registered voters within the CFD, which exceeded the 2/3 majority needed for its passage.

On May 29, 2007, Council, acting as the legislative body of the CFD, adopted Resolution No. 07-24 certifying the election results and directing the recordation of a Notice of Special Tax Lien on the properties within the CFD. Additionally on June 11, 2007, Council adopted Ordinance No. 312, which authorized the levy of the special tax approved by the voters in Measure D to be levied on the property within the CFD for the purposes of paying debt service on bonds issued by the CFD or for paying directly for the costs of the undergrounding facilities and ongoing administrative costs of the CFD.

On November 24, 2008, Council adopted Resolution No. 08-65, authorizing the sale of special tax bonds by the CFD in an amount not to exceed $5,000,000 to finance construction costs, costs of issuance and a debt service reserve fund. Bonds were sold in December 2008 in the amount of $4,365,000. The bonds are a special obligation of the CFD and are payable and secured by a pledge of special taxes levied on property within the CFD. Neither the faith nor credit of the City is pledged to or responsible for the repayment of the bonds.

On June 13, 2011, Council adopted Resolution No. 11-25, authorizing a refinancing of the bonds previously authorized by Resolution No. 08-65. The re-issuance and refinancing of the bonds allowed for a lower interest rate and has resulted in a reduced debt service for the remaining bonds. As a result, homeowners within the district realize a savings of several thousand dollars a year.

Each year prior to August 10, for as long as the CFD bonds are outstanding, Council will be presented with a resolution setting the maximum tax rate for such fiscal year and directing the City staff or the City’s Special Tax Consultant to convey such information to the County Assessor’s Office to be placed on the secured property tax roll. As additional security for the payment of the bonds, the CFD will covenant on behalf of bond owners to conduct judicial foreclosure proceedings against property within the CFD that is delinquent in the payment of special taxes for a specified period and in a specified amount.

Agenda Item # 3.B.4.

The levy of special tax for Fiscal Year 2024-2025 for each property within the CFD is listed in the Annual Administration Report for Fiscal Year 2024-2025, which is included as Attachment 2. The total proposed levy for Fiscal Year 2024-2025 is $231,507.32 pursuant to the adopted Rate and Method of Apportionment (Resolution No. 06-54) and Ordinance No. 312. Except Assessor's Parcel 4451-005-036, the proposed levy per parcel is $5,261.53 as shown in Exhibit A of Attachment 1. Assessor's Parcel 4451-005- 036 is the consolidation of Assessor's Parcels 4451-005-022 and 4451-005-023, and therefore the proposed levy is $10,523.06.

ATTACHMENTS:

1. Resolution No. 24-23

2. Annual Administration Report for Fiscal Year 2024-2025 ATTACHMENT 1
RESOLUTION NO. 24-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU,

ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2006-1 OF THE CITY OF

MALIBU (CARBON BEACH UNDERGROUNDING) AUTHORIZING THE
LEVY OF A SPECIAL TAX FOR FISCAL YEAR 2024-2025
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. On August 14, 2006, the City Council of the City of Malibu (the City Council) adopted Resolution No. 06-54 stating its intention to form Community Facilities District No. 2006-1 of the City of Malibu (Carbon Beach Undergrounding) (“Community Facilities District No. 2006-1”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Section 53311 et seq. of the Government Code (the “Act”).

B. On August 14, 2006, the City Council also adopted Resolution No. 06-55 stating its intention to incur bonded indebtedness in the amount of $5,000,000 within proposed Community Facilities District No. 2006-1 for the purpose of financing the facilities and incidental expenses described in Resolution No. 06-54 to serve the area within Community Facilities District No. 2006-1.

C. On January 22, 2007, the City Council adopted Resolution No. 07-05 which established Community Facilities District No. 2006-1, authorized the levy of a special tax within Community Facilities District No. 2006-1 and called an election within Community Facilities District No. 2006-1 on the ballot proposition relating to levying a special tax combined and consolidated with the proposition relating to the incurring of bonded indebtedness.

D. On January 22, 2007, the City Council also adopted Resolution No. 07-06 which determined the necessity to incur bonded indebtedness in the amount of $5,000,000 within Community Facilities District No. 2006-1 and called an election within Community Facilities District No. 2006-1 for May 8, 2007, on the proposition of incurring bonded indebtedness combined and consolidated with the proposition of levying a special tax.

E. On May 8, 2007, an election was held within Community Facilities District No. 2006-1 at which the qualified electors approved by more than a two-thirds vote the proposition of incurring bonded indebtedness of $5,000,000 and levying a special tax as set forth in Resolution No. 07-05.

F. On May 29, 2007, the City Council adopted Resolution No. 07-24 which certified the results of the May 8, 2007 election conducted by the City Clerk, which results showed that more than two-thirds of the votes cast were in favor of the proposition to incur bonded indebtedness and levy the special tax.

Resolution No. 24-23

_____________________
G. On June 11, 2007, the City Council adopted Ordinance No. 312 which authorized the levy of the special tax within Community Facilities District No. 2006-1.

H. This City Council hereby certifies that the Ordinance authorizing the levy of the special taxes within Community Facilities District No. 2006-1 has been duly adopted in accordance with law and is legal and valid.

I. The Ordinance provides that the City Council is further authorized to determine, by ordinance, or by resolution if permitted by then applicable law, on or before August 10 of each year, the specific special tax to be levied on each parcel of land in Community Facilities District No. 2006-1.

J. It is now necessary and appropriate that this City Council levy and collect the special taxes for Fiscal Year 2024-2025 for the purpose specified in the Ordinance, by the adoption of a resolution as specified by the Act and the Ordinance.

K. The special taxes being levied hereunder are at the same rate or at a lower rate than provided by the Ordinance.

SECTION 2. The above recitals are all true and correct.

SECTION 3. In accordance with Section 53340 of the Act and Ordinance No. 312, there is hereby levied upon the parcels within the District which are not otherwise exempt from taxation under the Act or the Ordinance the special taxes for Fiscal Year 2024-2025 (the “Special Taxes”), at the tax rates set forth in Exhibit A hereto and the Special Tax Consultant shall apportion the Special Taxes in the manner specified in Resolution No. 07-05 and the report prepared by the Special Tax Consultant entitled “Annual Administration Report for Fiscal Year 2024-2025” submitted herewith. Such rates do not exceed the maximum rates set forth in the Ordinance. After adoption of this Resolution, but no later than August 10th, the Special Tax Consultant shall deliver the certified list of all parcels subject to the special tax levy including the amount of the Special Taxes to be levied on each parcel in Fiscal Year 2024-2025 (the “Certified List”) to the City Manager or their designee and thereafter, but in no event later than August 10th, the City Manager or their designee shall cause a certified copy of this Resolution together with the Certified List, to be filed with the County Auditor-Controller. The Certified List may contain tax rates lower than those set forth in Exhibit A if the City Manager determines that such lower rates are adequate to accomplish the purposes of the District in Fiscal Year 2024-2025. The City Manager or their designee and the County Auditor-Controller are hereby authorized to make changes to the Certified List from time to time to correct any error in the amount of the levy on any parcel to make it consistent with the rate and method of apportionment attached to the Ordinance, including, but not limited to, adding any parcels omitted from the Certified List or deleting any parcels included in the Certified List.

SECTION 4. Properties or entities of the state, federal or local governments shall be exempt from the above-referenced and approved Special Taxes only to the extent set forth in the Ordinance and otherwise shall be subject to the Special Taxes consistent with the provisions of Section 53317.3 of the Act in effect as of the date of adoption of this Resolution.

Resolution No. 24-23

_____________________
SECTION 5. All of the collections of the Special Taxes shall be used only as provided for in the Act and Resolution No. 07-05. The Special Taxes shall be levied only so long as needed to accomplish the purposes described in Resolution No. 07-05.

SECTION 6. The Special Taxes shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in cases of delinquency as provided for ad valorem taxes as such procedure may be modified by law or this City Council from time to time.

SECTION 7. As a cumulative remedy, if any amount levied as the Special Taxes for payment of interest or principal on any outstanding bonds of the District (the “Bonds”), together with any penalties and other charges accruing under this Resolution, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the Bonds, order that the same be collected by an action brought in the superior court to foreclose the lien of such Special Taxes.

SECTION 8. The City Manager or their designee is hereby authorized to transmit a certified copy of this Resolution, together with the Certified List, to the County Assessor and/or the TreasurerTax Collector, together with other supporting documentation as may be required to place the Special Taxes on the secured property tax roll for Fiscal Year 2024-2025 and for the collection of the Special Taxes in the manner of ad valorem property taxes and to perform all other acts which are required by the Act, the Ordinance, or by law or deemed necessary by the City Manager in order to accomplish the purpose of this Resolution, the Act or Bond covenants.

SECTION 9. This Resolution shall be effective upon its adoption.

SECTION 10. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED, and ADOPTED this 28th day of May 2024. ______________________________
STEVE UHRING Mayor
ATTEST:

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

TREVOR RUSIN, Interim City Attorney
Resolution No. 24-23

_____________________

EXHIBIT A
Resolution No. 24-23

_____________________

Agenda Item # 3.B.5.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Jorge Rubalcava, Senior Civil Engineer
Reviewed by: Rob Duboux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: April 24, 2024 Meeting date: May 28, 2024 Subject: Award Morning View Drive Rehabilitation and Drainage Improvements RECOMMENDED ACTION: 1) Approve the award and authorize the Mayor to execute a construction contract with Toro Enterprises, Inc. in the amount of $1,131,333.25 for the construction of the Morning View Drive Rehabilitation and Drainage Improvements, Specification No. 2104; and 2) Authorize the Public Works Director to approve any potential change orders up to 15% of the contract amount.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement was included in the Adopted Budget for FY 2023-24 in Account No. 310-9002-7901 (Annual Street Overlay).

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 Public Works Department utilizes a Pavement Management Plan to evaluate the condition of the City streets, to develop street maintenance strategies and to plan and budget maintenance funds effectively. The current Pavement Management Plan provides a detailed maintenance and rehabilitation plan of the City’s streets for the next 5 years. The current Pavement Management Plan was updated on June 6, 2022, and used to identify the streets included in the Morning View Drive Rehabilitation and Drainage Improvements project.

The Morning View Drive Rehabilitation and Drainage Improvements project includes resurfacing Morning View Drive between Sea Star Drive and Via Cabrillo. This project also City Council Meeting
05-28-24
Item

3.B.5.

Agenda Item # 3.B.5.
includes miscellaneous pavement repairs, pavement striping, replacing existing storm drains, and new storm drains and catch basins on Morning View Drive and Philip Avenue.

To minimize disruptions and ensure the safety of the students that attend the schools within the vicinity, this project has been scheduled during the summer break. The project aims to enhance the infrastructure leading to the school, providing a smoother and safer commute for students, parents, and all community members. By conducting this work during the summer break, the City aims to reduce any inconveniences that may occur during the school year.

On March 28, 2024, the final project plans and specifications for the above-mentioned project were advertised for formal competitive construction bidding. Three (3) bids were received and opened on April 25, 2024, with the following results:

Contractor Bid Amount
Toro Enterprises $1,131,333.25
GMZ General Engineering $1,257,356.00
All American Asphalt $1,389,818.00
City staff has reviewed the bid from Toro Enterprises and has found it to be in order and in conformance with the bid requirements. Staff has also verified the Contractor’s license and contacted their references. Staff recommends that Toro Enterprises be awarded the construction contract.

Staff recommends the Council approve the award and authorize the Mayor to execute a construction contract with Toro Enterprises and authorize the Public Works Director to approve potential change orders up to 15% of the agreement amount. Once approved, staff will process the agreement and issue a Notice to Proceed for the project.

ATTACHMENTS: Public Works Agreement with Toro Enterprises.

CITY OF MALIBU

PUBLIC WORKS AGREEMENT
This Public Works Agreement ("Agreement") is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and bet ee1 • T ro Entcrpris s, In . (hereinafter referred to as "CONTRACTOR") and the City of Malibu, California, a municipal corporation (hereinafter referred to as "CITY").

RECITALS
A. Pursuant to the Notice Inviting Sealed Bids for Morning View Drive Rehabilitation and Drainage Improvements Project bids were received, publicly opened, and declared on the date specified in the notice.

B. On May 28, 2024, Malibu's City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR.

C. The City Coun ii has authorized Lhe Ma_ or to e ccute a written e-0mract wi't!.

CONTRACTOR for furnishing labor, equipment and material for the Morning View Drive Rehabilitation and Drainage Improvements Project in the City of Malibu.

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

I ..

2. ONTRACTOR agrees b lhrnis:h all neo s.ary labor tool materials, appliances and equipment fur and do the work fo • th Mo ·ning View Driv, Rehabilitation and Drainage Jrnpr v,ements Pr �ect in the ity of Malibu. The work halJ be performed in accordance with the Plans and Speci· ications dated (and as. generally d scribed i11 the" otice Lnviting Bids attached a E hibit ·) and in ccordance with bid prices set. forth in ONTRA.. OR S Bid .roposal (attached as hibii B) and in acco.rda.11 e with the instruction of the it-y "'ngin er, or City s Manager's desig.nce.

INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract docmnents fo the aforesaid project, a complete set or whi· h is on file .. ith the Malibu City Clerk's Office, shall consist of the Notice Inviting Bids, Instructions to Bidders Bid Proposal • tandard Specification . Special Provi!.lions. and all referenced specifications deta.ils, standard drawings, and appendices: Logetl c.r with thi Agreement and all requir d bonds insurance cenilicates, pcrrnits notices and affidavits· and also including any and all adde-nda or uppicmcnlal agreement cfarif ing, amending, or e. tending the ork contemplated as may be required ro insure it completion in an acceptable manner. II of the provisions of said -ontract do uments ar - made a part her of as though fully s-et forth herein. Thi· contr-act is intend d to req L1ire a complete and finished pie e of work and anything necessary to compl�re lhe work properly and in accordanc with the law and lawful governmental regulation shall be performed by CO R CTO whether set om specificalJy in the contract or noL hould it be ascettained tha: any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, and the Standard Specifications, in that order, shall control.

Attachment 1
Public Works Agreement
Toro Enterprises, Inc.

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

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

4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 45 consecutive working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $500 per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.

5. PREVAILING WAGES:

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

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

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

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

Public Works Agreement
Toro Enterprises, Inc.

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

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

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

6. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of

7. 8.

Public Works Agreement
Toro Enterprises, Inc.

California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.

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

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

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

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

agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.

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

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

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

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

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

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

JO. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: "lam aware of the provisions of Section 3700 of the Labor Code which require Public Works Agreement
Toro Enterprises, Inc.

every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and l will comply with such provisions before commencing the performance of the work of this contract." 1 I. INSURANCE: With respect to performance of work under this contract, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Standard Specifications.

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

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

15. 16.

17. 18.

TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them.

The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.

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

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

RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.

SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such pot1ion Public Works Agreement
Toro Enterprises, Inc.

enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect provided that it does not frustrate the mutual intent of the parties herein.

19. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged.

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

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

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

CITY OF MALIBU
23825 Stuart Ranch Road
Malibu, CA 90265
Attn: Robe11 DuBoux, Public Works Director/City Engineer

CONTRACTOR
Toro Enterprises, Inc.
2101 E Ventura Blvd
Oxnard, CA 93036
Attn: Sean Castillo, President
Public Works Agreement
Toro Enterprises, Inc.

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

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

24. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party.

There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract.

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

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

27. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.

Public Works Agreement
Toro Enterprises, Inc.

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

This Agreement is executed on this __ day of ____ _, 2024, at Malibu, California, and effective as of _____ _, 2024.

ATTEST:

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

TREVOR RUSIN, Interim City Attorney
CITY OF MALIBU:

STEVE UHRING, Mayor
I CONTRACTOR: l
Name . ft !loj v�5 'de
CONTRACTOR'S State of California License No.

CONTRACTOR'S Business Phone No.

CONTRACTOR'S Emergency Phone No. at which
contractor can be reached at any time
CERTIFICATE OF LIABILITY INSURANCE 3/1/2025

DATE (MM/DDNYYY)
4/30/2024
lHIS CERTIFICATE IS iS:SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CEllfflFICAlE HOLDER .. THIS CERTIFICATE DOES NOT AFARMATIVELY OR. NEGATIVELY AMEND, EXTEND OR. ALTER THE COVERAGE AFFORDEO BY THE POLICIES eaow. THIS CERTIFIICATE OF NSURANCE DOES NOT CONSTITIJTE A CONTAACT BETWEEN THE ISSUING NSURSR(S), AlJITHORIZED REPRfS:E NTATIVE OR PRODUCER, AND THE CERTlfICATE HotDER.

IMPORTANT: If the ce:rtlflcata ho!der i& an ADDIITIONAL ·INSUREiD, the poUcy(ta:s) mU&t .hav,e ADDliTIONAL INSUR&lO provi'sions or be 1ndors1d. lf SUBROGATtO N IS WAIVED, subJ�ctto the term5 ana condttlo:ns of/ the policy,, certain polleie<s may ,equiire an endorsement, A !ltlltement on tlliis ceirtlth:at& does not confe-r rights to the certificate holder In Heu of s1-ch e-ndorSemen�ls).

PRODUCER Lockton Insurance Brokers, LLC
777 S. Figueroa Street, 52nd Fl.

CA License #0B99399
Los Angeles CA 900 I 7
(2 I 3) 689-0065

INSURED
1376892 Toro Enterprises, Inc.

P.O. Box 6285
Oxnard CA 93031
!!,MAIL
ADDRESS:

INSURERCSl AFFORDING COVERAGE
INSURER A: The Travelers Indemnity Company of Connecticut INSURER B : Zurich American Insurance Comoanv
lllliSURER c: Trin'i:le.rs Property Casualty Company ofAmerka INSURER D : Endurance Risk Solutions Assurance Co
INSURER E:

INSURER F:

NAJC#
25682
16535
25674
43630
COVERAGES TOREN!ll CERTIF!CATE NUMBER: 20537618 REVfSION NUMBER: :XXXXXYY TI-ns 1$ TO CERTIFY ll-1AT THE POLICIES OF INstJRANCt LISTED BELOW HAVE BEE'N �SSUED TO THI: INSURED riMMED ABOVE FOR THE flat.ICY PERIOD INOICA'!'ED. 01\l'IIITI-ISTANDING Al-JV REQUJREM:EiNT, iERM OR COr>IDITJON OF MW OONTRAGT OR Ort-1.S:R OOCUMENT WITH RE:SPEC'T TO WHICI-I Tl-115 CERTIACATEi MAY BE ISSUED OR MAY Pl:ITTAIN, TI-dE INSLJRA CE AFFORDED BY lHE POLICIES O SCRIBED HEREIN IS SIJ'S ECT O A1LL TI-le iERMS.

EXCU.,ISIOl'-4S Al\tOOONDmONS OF SUCH POLICIES. LIMITS SHOWN MAY HA.VS: BEEN REOUCED BY PAID Cl.AIMS, IN$R TYPE OF INSURANCE POLICY EFF
tTfl '.�i\� IMIT8 • ,.,� .. -- POLICY NUMBER I
A X COMMERCIAL GENERAL LIABILITY y N DT22-CO-3W715586-TCT-24 3/1/2024 3/1/2025 - EACH OCCURRENCE $ I 000 000 □ CLAIMS-MADE ti] OCCUR ......,,.......,� 'l�,.,.,...,!:!) PREMISES EJ! oa:u•r,,nc<1) $ 300 000
,_
MED EXP (Any one person) $ 10 000
x.. DED. $10 000 PERSONAL & ADV INJURY $ l 000 000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 000 000 � POLICY [x] jt'c?r □ LOC PRODUCTS - COMP/OP AGG $ 2 000 000 OTHER s
B AUTOMOBILE LIABILITY y N BAP 4230716-05 3/1/2024 3/1/2025 r' i,�Bu,•p =�" ,._ l,Jl'lll 1
l!S "°"m,,n1l $ - I 000 000
x.. ANY AUTO BODILY INJURY (Per person) $ xxxxxxx
OWNED � SCHEDULED
AUTOS ONLY AUTOS ,.....-
BODIL y INJURY (Per accident) $X:XXXXXX
MIRED - NON-OWNED PROPt:RTY DAMAGE � AUTOS ONLY - AUTOS ONLY (Per accident\ $ xxxxxxx $ xxxxxxx
C UMBRELLA LIAB � - OCCUR y N CUP-4W497681-24-NF 3/1/2024 3/1/2025 EACH OCCURRENCE $ $5 000 000 X BCCl!SSLIAB CLAIMS-MADE AGGREGATE $ $5 000 000
OED I I RETENTION S, J icxxxxxx
WORKERS COMPENSATION y ' Xlsi�E I I 0TH,
B WC 4230715-05 3/1/2024 3/1/2025 ER AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE [i] E.L. EACH ACCIDENT $ I 000 000 OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ I 000 000 g�it�ftfr13'� i
n
tgPERATIONS below EL DISEASE - POLICY LIMIT $ 1000 000
D 2nd Layer Excess N N XSC3000036 J 906 3/1/2024 3/1/2025 $5,000,000 occ./$5,000,000 agg.

DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: Toro #14290 - City of Malibu - Morning View Drive Rehabilitation and Drainage Improvements Project. City of Malibu, its Boards, Officers, Agents and Employees are Additional Insured(s) as per the attached endorsement or policy language. Insurance provided to Additional Insured(s) is primary and non-contributory as per the attached endorsements or policy language. Waiver of subrogation applies as per the attached endorsements or policy language, where allowed by law. Excess liability follows form over General Liability, Auto Liability, and Employers Liability as per the attached endorsements or policy language.

CERTIFICATE HOLDER
20537618
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
ACORD 25 (2016/03)
CANCELLATION See Attachments

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

The ACORD name and logo are registered marks of ACORD
Attachment Code: D568466 Master ID: 1376892, Certificate ID: 20537618 Named lnsured:Toro Enterprises, Inc.

City of Malibu
23825 Stuart Ranch Road
Malibu, , CA 90265
To whom it may concern:

In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance, thus this is your final hard-copy delivery.

To ensure electronic delivery for future renewals of this certificate, we need your email address.

Please contact us via one of the methods below, referencing Certificate ID 20537618 • Email: [email protected]
• Phone: (213) 334- 4669
If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed.

In the event your mailing address has changed, will change in the future, or you no longer require this certificate, please let us know using one of the methods above.

The above inbox and phone number is for automating electronic delivery of certificates only.

Please do NOT send future certificate requests to this inbox or contact the phone number below with email updates.

Thank you for your cooperation and willingness in reducing our environmental footprint.

Lockton Companies
Lockton Companies
777 South Figueroa Street Los Angeles, CA 90017
Miscellaneous Attachment: M462290 Certificate ID: 2053 7618

COMMERCIAL GENERAL LIABILITY
Policy Number: DT22-CO-3W715586-TCT-24
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED
(Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PROVISIONS
The following is added to SECTION II - WHO IS AN
INSURED:

Any person or organization that you agree in
a written contract or agreement to include as
an additional insured on this Coverage Part
is an insured, but only:
a. With respect to liability for "bodily injury" or
"property damage" that occurs, or for "personal
injury' caused by an offense that is committed,
subsequent to the signing of that contract or
agreement and while that part of the contract or
agreement is in effect; and
b. If, and only to the extent that, such injury or
damage is caused by acts or omissions of you
or your subcontractor in the performance of
"your work' to which the written contract or
agreement applies. Such person or organization
does not qualify as an additional insured with
respect to the independent acts or omissions of
such person or organization.
( 1) Any "bodily injury", "property damage" or
"personal injury" arising out of the
providing, or failure to provide, any
professional architectural, engineering or
surveying services, including:
(a) The preparing, approving, or failing
to prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders or change orders, or the
preparing, approving, or failing to
prepare or approve, drawings and
specifications; and
(b) Supervisory, inspection, architectural
or engineering activities.
(2) Any "bodily injury' or "property damage"
caused by "your work" and included in the
"products-completed operations hazard"
unless the written contract or agreement
specifically requires you to provide such
coverage for that additional insured during
The the policy period. insurance provided to such additional insured is subject to the following provisions:
a. If the Limits of Insurance of this Coverage Part
shown in the Declarations exceed the
minimum limits required by the written
c. The additional insured must comply with
the following duties:
contract or agreement, the insurance provided
to the additional insured will be limited to such
minimum required limits. For the purposes of
determining whether this limitation applies, the
minimum limits required by the written
contract or agreement will be considered to
include the minimum limits of any Umbrella or
Excess liabil.ity coverage required for the
additional insured by that written contract or
agreement. This provision will not increase the
limits of insurance described iri Section Ill -
Limits Of Insurance.
b. The insurance provided to such additional insured
does not apply to:
(1) Give us written notice as soon as practicable
of an "occurrence" or an offense which may
result in a claim. To the extent possible,
such notice should include:
(a) How, when and where the "occurrence"
or offense took place;
(b) The names and addresses of any
injured persons and witnesses; and
(c) The nature and location of any injury or
damage arising out of the "occurrence"
or offense.
(2) If a claim is made or "suit" is brought
against the additional insured:

CG D2 46 04 19 © 2018 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Miscellaneous Attachment: M462290 Certificate ID: 20537618

COMMERCIAL GENERAL LIABILITY
(a) Immediately record the specifics of the
claim or "suit' and the date received; and
(b) Notify us as soon as practicable and see
to it that we receive written notice of the
claim or "suit' as soon as practicable.
(3) Immediately send us copies of all legal
papers received in connection with the
claim or "suit", cooperate with us in the
investigation or settlement of the claim or
defense against the "suit', and otherwise
comply with all policy conditions.
(4) Tender the defense and indemnity of any claim or
"suit' to any provider of other insurance which
would cover such additional insured for a loss we
cover. However, this condition does not affect
whether the insurance provided to such additional
insured is primary to other insurance available to
such additional insured which covers that person
or organization as a named insured as described
in Paragraph 4., Other Insurance, of Section IV -
Commercial General Liability Conditions.

CG D2 46 0419 © 2018 The Travelers Indemnity Company. All rights reserved. Page 2 of 2 Miscellaneous Attachment: M470007 Certificate ID: 20537618

COMMERCIAL GENERAL LIABILITY
Policy Number: DT22-CO-3W715586-TCT-24

COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage.

Read the entire policy carefully to determine
rights, duties and what is and is not covered.

Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the
Declarations, and any other person or
organization qualifying as a Named Insured
under this policy. The words "we", "us" and "our''
refer to the company providing this insurance.

The word "insured" means any person or
organization qualifying as such under Section II
-Who Is An Insured.

Other words and phrases that appear in
quotation marks have special meaning. Refer to
Section V - Definitions.
d. Primary And Non-Contributory Insurance If
Required By Written Contract
If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and noncontributory basis, this insurance is primary to other insurance that is available to such insured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that:
(1) The "bodily injury' or "property damage" for
which coverage is sought occurs; and
(2) The "personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.
© 2017 The Travelers Indemnity Company. All rights reserved.

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

CG T100 0219
Miscellaneous Attachment: M450304 Certificate ID: 20537618 •
Coverage Extension Endorsement ZURICH
Policy No. Eff Date of Pol. Exp. Date of Eff. Date of End. Producer No. I Add'I Premium Return Prem.

Pol. I
BAP4230716-05 03/01/2024 03/01/2025 I 03/01/2024 I
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the:

Business Auto Coverage Form
Motor Carrier Coverage Form
A. Amended Who Is An Insured

1. The following is added to the Who Is An Insured Provision in Section 11- Covered Autos Liability Coverage:

The following are also "insureds":

I
I
a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less.

U-CA-424-F CW (04/14)
"Includes copyrighted material of insurance Services Offices, Inc. with its permission" Attachment Code: D502046 Certificate ID: 20537618
Coverage Extension Endorsement
ZURICH
Po�y No. Eff Date of Pol.

BAP 4230716-05 3/1/2024
. Date of Pol. Eff. Date of End. Producer No. Add'I Premium Return Prem. 31112025 31112024 I
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Business Auto Coverage Form
Motor Carrier Coverage Form
This endorsement modifies insurance provided under the:

2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance - Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form:

Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis.

However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form.

U-CA-424-F CW (04/14)
"Includes copyrighted material of insurance Services Offices, Inc. with its permission" Miscellaneous Attachment: M450239 Certificate ID: 20537618 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 04-84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule

ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR

AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF

SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PRFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION.

Effective 3/1/2024 Policy No. WC 4230715-05
Endorsement No.

Insured: Toro Enterprises, Inc
Insurance Company ZURICH AMERICAN INSURANCE CO Countersigned by WC124 (4-84)
WC 00 0313 Copyright 1983 National Council on Compensation Insurance, Inc.

Premium $ INCL

Uniform FormsTM

BOND FOR FAITHFUL PERFORMANCE
BOND NO. 101823517
Premium: $8,145.00
KNOW ALL PERSONS BY THESE PRESENTS:

That we, Toro En1erpr1ses. Inc. hereinafter referred to as "Contractor" as principal, and Travelers Casualty and Surety Company of America hereinafter referred to as "Surety," are held and firmly bound unto the City of Malibu, California, hereinafter referred Ofle MIiiion One H'und'recl Thirty-One ThmJSand
to as �City", 0 r �obUgee" in th 8 SU m of Three Hund�ed ThlrtfThreund :25/100 Do Jars Dollars ($ 1,131,333.25 ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents.

This condition of the foregoing obligation is such that:

WHEREAS, said Contractor has been awarded and is about to enter into the annexed Contract with the City of Malibu, California, for the construction of MORNING VIEW DRIVE REHABILITATION & DRAINAGE IMPROVEMENTS, Specification No. 2104, and is required by said City to give this bond in connection with the execution of said Contract.

NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said Contract to be done and performed at the time and in the manner specified herein, then this obligation shall be null and void one year after date of recordation of Notice of Completion by City of the completed work; otherwise it shall be and remain in full force and effect, and Surety shall cause the Contract to be fully performed or to pay to obligee the cost of performing said Contract in an amount not exceeding the said sum above specified, and shall also, in case suit is brought upon this bond, pay to obligee court costs and a reasonable attorney's fee, to be fixed by the court. 45 BOND FOR FAITHFUL PERFORMANCE (cont'd)
IT IS FUTHER PROVIDED, that any alterations in the work to be done or the material to be furnished shall not in any way release the Contractor or the Surety thereunder, no shall any extension of time granted under the provisions of the Contract release either the Contractor of the Surety; and notice of such alterations or extensions of the Contract is hereby waived by the Surety.

WITNESS our hands this_3_ot_h __ .day of....,A .... P=�1L ______ , 2024.

Toro Enterprise� Inc.

Contractor
By
Title
By
Title
Travelers Casualty and Surety Company of America
By Ethan Spector, Attorney-in-Fact
46 FORM TO ACCOMPANY BOND FOR FAITHFUL PERFORMANCE
r\

STATE F CALIFORNIA
COUNTY

CITY OF
)
)
)
S8.
_______ day of ____________ ,2024,
before me, the und rsigned, a Notary Public in and for said County and State, residing therein, duly commiss ned and sworn, personally appeared _________ _ proved to me on the ba is of satisfactory evidence to be the person whose name is subscribed to this instrume • and know to be the _____________ of __________ __, ___ and the same person whose name is
subscribed to the within instrume� as the
said ___________ �d the said _____________ _
--------------- of
duly acknowledged to me that he/she\
,_
ubscribed the name of ________ _
__ thereto as Surety and his/her ow\ name as __________ ____ I certify under PENAL TY OF �ERJURY under the laws of the State of California that the foregoing paragraph is true ,, d correct.

WITNESS my hand and official seal.

Notary Public ih, and for said
County and Stat" aforesaid.
47 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. state of California
County of Los Angeles
On APR JO W24 before me, Edward C. Spector, Notary Public Date Here Insert Name and Title of the Officer
Personally appeared _E_t_h_a
_
n_S_;p_e_c_t_o_r ________________________ _
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(),.J whose name�) is&� subscribed to the within instrument and acknowledged to me that he/�� executed the same in his/RE;lfirn:EX!" authorized capacity�), and that by his/�:k� signature(x) on the instrumentthe person�), or the entity upon behalf of which the person(x) acted, executed the instrument.

ED',1W1 C. PECTOR
Ni,ltar� P1tblk C iifornia
LM t rai;ele-; .flunty
Com:mMi'.IJji I! 244 72 41
My Cornm. ���ire� M;:iy 16, 7027
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature--:--�� �-.::.....---=-------------­
Signature of Notary Public
�------------------------------------·-- OPTIONAL-- -- • ----• ·-· ----- ·-- ··- ·-�---- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document _______________ Document Date __________ _ Number of Pages ________ Signer(s) Other Than Named Above _____________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name _____________ _
D Corporate Officer-Title(s) _______ _
D Partner D Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other ______________ _
Signer Is Representing __________ _
Signer's Name _______________ _
D Corporate Officer-Title(s)=--------­
D Partner D Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other -----------------
Signer Is Representing ___________ _
TRAVELERfr
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Ethan Spector of LOS ANGELES , California , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021.
0 I
State of Connecticut
City of Hartford ss.

On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

My Commission expires the 30th day of June, 2026
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:

RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and ii is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-inFact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.

I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.

Dated this day of APR 3 0 2024
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.

Please refer to the above-named Attorney{s}-in-Fact and the details of the bond to which this Power of Attorney is attached.

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _V�e=n�t=u�ra�----------
On Ma� 2, 2024 before· me, ....,,,,R.,.,e=-n..,_,e...,,e,_C=-'-"ru=z._,_, _,_N.,_,,o=t=ra�y_,P'--'u=b=l, ic=,___ _____________ _
Date Here Insert Name and Title of the Officer
personally appeared Sean Castillo and Jerry Hannigan
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -is'/are subscribed to the within instrument and acknowledged to me that hs4;be!they executed the same in hisf.l::ter/their authorized capacity(ies), and that by his/.hef1their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

Signature ___ -?-'"-='--'-- �-+- ·---3/--Fi-___ _
�if/2ature of Notary (,iblic
---- -�-����-�-� --• -- ---- ·------ -----------• ----- ----OP110NAL-------------------- -----· --H �- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Bond for Faithful Performance Bond No. 107823517 Date: 4/30/2024 for Morning View Drive Rehabilitation and Drainage Improvements Number of Pages: _2_ Signer (s) Other Than Named Above: ______________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name Sea n Castillo
�orporate Officer - Title(s): President
□ Partner - □ Limited o General
□ Individual □ Attorney in Fact
o Trustee □ Guardian or Conservator
□ Other: _______________ _
Signer Is Representing: Toro Enterprises. Inc.

Signer's Name: Jerry H annigan
jl_ Corporate Officer - Title(s): �S=e=c�re�ta-!!Y..,_ ___ _ □ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other: ______________ _
Signer Is Representing: Toro Enterprises, Inc.
���x:;£K,.-<:;R)�'Q(J!._��iii<;,™"<);:��"#,'i.&,i,j/2�"ffl<,.� ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907

BOND FOR MATERIAL SUPPLIERS AND LABORERS
KNOW ALL PERSONS BY THESE PRESENTS:

Bond No.: 107823517
Premium: Included on
Performance Bond
That we1 Toi'() Enterprises, Inc. hereinafter referred to as " ,, . .

Travelers Casualty and Surety
Contractor as principal, and c=ow.m,..,oa.w□L,I...Y ,._,_of.,_,,Am=e=□=ca.___ ______ hereinafter referred to as "Surety," are held and firmly bound unto the City of Malibu, California, hereinafter referred One Million One Hundred Thirty-One Thousand
to as "City", or "Obligee" in the sum of Three Hundred Thirty-Three and 25/100 Dollars Dollars ($ __ $1131 333.25 ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents.

The Condition of the foregoing obligation is such that:

WHEREAS, said Contractor has been awarded and is about to enter into the annexed Contract with the City, for the construction of MORNING VIEW DRIVE REHABILITATION & DRAINAGE IMPROVEMENTS, Specification No. 2104, and is required by City to give this bond in connection with the execution of said Contract.

NOW, THEREFORE, if the said principal as Contractor in said Contract or subcontractors, fails to pay for any materials, provisions, or its other supplies, or items, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court.

This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California.
48 BONO t=OR MATERIAL SUPPLIERS AND LABORERS (cont'd)
IT IS FURTHER PROVIDED, that any alterations in the work to be done or the material to be furnished, which may be made pursuant to the terms of said Contract shall not in any way release either the Contractor or the Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either the Contractor or the Surety; and notice of such alterations or extensions of the Contract is hereby waived by the Surety.

WITNESS our hands this _3_ot_h __ day of_A_._p_ri1 __ -___ , 2024.

Toro Enterprises, Inc.

Contractor
Title
Travelers Casualty and Surety Company of America
Sure�-----
By Ethan Spector, Attorney-in-Fact
49 FORM TO ACCOMPANY BOND FOR MATERIAL SUPPLIERS AND LABORERS 'sTATE OF CALIFORNIA ch\UNTY OF
CIT OF
)
)
)
ss.

On this _______ day of ___________ , 2024,
before me,� undersigned, a Notary Public in and for said County and State, residing therein, duly c�missioned and
_
sworn,
.
personally appeared __
_
_______ _
__ _,proved to ""\ on the basis of satisfactory evidence to be the person whose name is subscribed to this strument; and know to be the __________ of ____________ and the same person whose name is subscribed to the within instrument as the __i,.,_. ________ of said ________ _ ___ and the said ________________ duly acknowledged to me that he/she subscribed the nam thereto as Surety
and his/her own name as ___________ ____,.

I certify under PENAL OF PERJURY under the laws of the State of California that the foregoing paragraph is
WITNESS my hand and official seal.

Notary Pubijc m and for said
County and tate aforesaid.
50 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. state of California
County of Los Angeles
an ----------- APR 3 0 2024 before me, Edward C. Spector, Notary Public Date Here Insert Name and Title of the Officer
Personally appeared _E_t_h_a_n_S_p_e_c_t_o_r ________________________ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(JQ whose name�) is�� subscribed to the within instrument and acknowledged to me that he/�� executed the same in his/N�MKW authorized capacity�), and that by his/�� signature(x) on the instrumentthe person�), or the entity upon behalf of which the person(x) acted, executed the instrument.
z i
_ _ 011111 '147241 ,
My (OJnm. 1:�.pfri;_,,; °MJ� 16, 2027
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature--��-�--- - -- ----------­ -----
Signature of Notary Public
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document _______________ Document Date __________ _ Number of Pages ________ Signer(s) Other Than Named Above _____________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name _____________ _
D Corporate Officer-Title(s) �--------
□ Partner D Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conse.rvator
D Other----------------
Signer Is Representing __________ _
Signer's Name _______________ _
D Corporate Officer-Title(s)=---------
0 Partner D Limited □ General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other -----------------
Signer Is Representing ___________ _
.... TRAVELERSJ
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectlvely called the "Companies"), and that the Companies do hereby make, constitute and appoint Ethan Spector a.f LOS ANGELES , California , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of fhe Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021.

State of Connecticut
City of Hartford SS.

On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

My Commission expires the 30th day of June, 2026
This Power of Attorney is granted under and by the authority of the following resolutions adopted by lne Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:

RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-inFact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.

I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.

Dated this day of
lfevin E. Hughes,Ass� Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.

Please refer to the above-named Attorney{s)-in-Fact and the details of the bond to which this Power of Attorney is attached.

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _V'""'e=n-'-'t=u"'""ra=------------
On May 2. 2024 before me ..... ... R e..,.... n e ... e......,c ... ·r ... u.... z,...... N... o..,tar-.v�F�u=b�•l�lc�--------------- Date Here Insert Name and Title of the Officer
personally appeared Sean Castillo and Jerry Hannigan
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 1's1are subscribed to the within instrument and acknowledged to me that Re/she/they executed the same in hisfher/their authorized capacity(ies), and that by J:iislJ:ler/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 'Ii � � :o�. ty
mm io;i.#'2354194
rn. EJq:,lr� • Al!· 11 .• 2 C 2 5
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
•---•--•�--.� q •--.cc • .. n .. ••••--•--H•--•----•-----OPTIONAL•----•--•un•-----• •--••- • • ··" � .• • •••n- --• • •
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
n le o-r Type of Document: Bond for Materiat Su[!pliers and Labqrers �o� 107823517 Date: _4�/=30=/2=0=2�4_ for Morning View Drive Rehabilitation and Drainage Improvements Number of Pages: _2_ Signer (s) Other Than Named Above: ______________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name Sean Castillo
c¢.corporate Officer - Title(s): President
o Partner - □ Limited o General
□ Individual o Attorney in Fact
D Trustee □ Guardian or Conservator
D Other: _______________ _
Signer Is Representing: Toro Enterprises, Inc.

Signer's Name: Jerry Hanniga n
!��orporate Officer - Title(s): _S=ec=r=e=ta,.,._ry ____ _ D Partner - □ Limited □ General
o Individual □ Attorney in Fact
□ Trustee □Guardian or Conservator
D Other: _______________ _
Signer Is Representing: Toro Enterprises, Inc.
,<;,'G(,-a,-a,�����'Q<;,'g(:,���������n�;;g� - �!.!C'!
©2014 National Notary Association •www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907

NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that sealed bids for the City of Malibu, MORNING VIEW DRIVE REHABILITATION & DRAINAGE IMPROVEMENTS, SPECIFICATION NO. 2104, will be received by the City Clerk, at Malibu City Hall, 23825 Stuart Ranch Road, Malibu CA 90265 at or before 3:30 p.m. on Thursday, April 25, 2024, at which time they will be publicly opened and read by the City Clerk (or designated representative).

SCOPE OF WORK
The proposed improvements include mobilization, traffic control and construction signing, stormwater pollution prevention plan and implementation, record of construction changes, construction of concrete swale, installation of new storm drain facilities, rehabilitation of asphalt dike, full depth pavement repair, cold milling, pavement overlay with asphalt rubber hot mix, pavement delineation striping and signing, utility cover adjustments, drainage catch basins and storm drain pipes and appurtenant work as shown in the Contract Documents and Specifications.

The bid shall be submitted and the work shall be performed by a Class “A” or “C-12” State of California licensed contractor in strict conformance with the project specifications for

MORNING VIEW DRIVE REHABILITATION & DRAINAGE IMPROVEMENTS, Specification No. 2104 now on file in the City’s Public Works Department.

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

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

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

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

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

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

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

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

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

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

Date this 21st day of March 2024

CITY OF MALIBU, CALIFORNIA
__________________________________________________
Travis Hart, Deputy Public Works Director
Published: Malibu Times on March 28 and April 4, 2024

EXHIBIT B

INSTRUCTIONS FOR SIGNING BID, BONDS AND CONTRACT
Corporations
a) Give name of Corporation.
b) Signatures: President or Vice-president and Secretary or Assistant Secretary.
c) Affix corporate seal and notary's acknowledgment where noted or required. d} Others may sign for the corporation if the City has been furnished a certified copy of a resolution of the corporate board of directors authorizing them to do so.

Partnerships
a) Signatures: All members of partnership. One may sign if City has a copy of authorization
b} Affix notary's acknowledgment where noted or required.

Joint Ventures
a) Give the names of the joint venturers.
b) Signatures: All joint venturers. One may sign if City has a copy of authorization.
c) Affix notary's acknowledgment where noted or required.

Individuals
a) Signature: The individual.
b) Affix notary's acknowledgment where noted or required. c) Another may sign for the individual if the City has been furnished a notarized power-of-attorney authorizing the other person to sign.

Fictitious Names
Bonds
a) Show fictitious names.
b) Satisfy all pertinent requirements show above.
a) In addition to all pertinent requirements above, give signature of Attorney-intact and apply surety's seal and provide address and telephone number of said surety.

PLEASE. ADHERE TO THE APPLICABLE SIGNING INSTRUCTIOHS
19 CONTRACTOR'S BID STATEMENT
City of Malibu
Malibu, California 90265
Pursuant to the foregoing Notice Inviting Bids, the undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the Plans and Specifications and read the aocompanylng instructions to bidders, and hereby proposes to furnish au materials and to do aH the work required to complete such work in accordance with such Plans and SpecificaUons for the prices set forth in this Bid.

The undersigned has carefully checked all the figures in this Bid and understands that City wiU not be re.sponsible for any error or omission on the part cf the undeisigned in preparing this bid nor will City release the undersigned on account of such error or omission.

The undersigned swears or affirms under penalty of perjury that the information regarding the Contractor's License is true and correct.

The undersigned further agrees that in case of default in executing the required Contract within the applicable ten (10) calendar days or thereafter failing to provide the necessary bonds, within ten ( 10) calendar days after the contract has been fully executed, the proceeds of check or bond accompanying the bid shall become the property of the City of Malibu.

Licensed in accordance with an act providing for the registration of Contractor's License No. 710580 Class A, C-31 Expiration Date _s_13_1_12_5 _____ _ Names of Co-Partners or Corporation Officers and Titles: SEAN CASTILLO, PRESIDENT

JERRY HANNIGAN,SECRETARY

TRENT ROYLE,VP OPERATIONS
Signature of Bidder
Signature of Bidder
:s
SEAN CASTILLO, PRESID(;;NT
Title
-

JERRY HANNIGAN,SECRETARY
Name of Contractor or Firm
TORO ENTER PRtSES,INC
nue -
Date of Submittal ----'4"""'/Z�l.._.lif _____ _
Telephone No. 805-483-4515
Address 2101 E VENTURA BLVD,OXNARD,CA 93036

CORPORATION
Doing Business as Individual/Partnership/Corporation
Federal Tax Identification Number --77-0396663 --------

CALIFORNIA
State of ncorporaUon
California Department of Industrial Relations Identification Number _1_00_0_0_0_24_1_0 ____ _ ALL SlGNA TURES MUST BE NOTARIZED
(Attach or Affix Executed Acknowledgement Form,
and Co.rporate Seal if APPlicable
20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of C alifornia,
C ounty of Ventura,
On April 22,2024 before me, Tysgn_Ris.lng. Notary Public Date Here Insert Name and Title of the Officer
personally appeared �------Se==a=n .... C=as=t=ill=o�&�Jer=�rv .... ___ H""a"'"n"'"'n""ig..,a=n�-------------
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) �are subscribed to the within instrument and acknowledged to me that t¢'/sl:re/they executed the same in tyslhp{ltheir authorized capacity(ies), and that by �hefttheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of C alifornia that the foregoing paragraph is true and correct.
-----• . ----- __ � � - -H•--•-•--•• ••••-- ••· -()PlJQNAl--•---•• . . EH-e· •-----------••-- ----,.-•-•••••-• Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ______________________ Date: _____ _ Number of Pages:_ 1 _ Signer (s) Other Than
Capacity(ies) Claimed by Signer(s)
Named Above:

Signer's Name Sean_Castillo
0 C orporate Officer - Title(s): ..,,P__,r..:::e�si""d""e'""nt,_ __ _ □ Partner - □ Limited
D Individual
□ General
□ Attorney in Fact
□ Trustee □ Guardian or C onservator
D Other:--------�------
Signer Is Representing: Toro Enterprises. Inc.

Signer's Name: _J __ e __ rrv ...... H ... a ... n(l""ig""an· ="----------- 0 C orporate Officer - Title(s):..,$..,e ... cm.....,ta�C'i.L..----- □ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee D Guardian or C onservator
□ Other: ----�----------
Signer Is Representing: Toro Enterprises. Inc.
����(lg:�����,eg� �- --�·- � �
©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Item
No.

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

PROPOSED BID SCHEDULE OF WORK AND PRICES

FOR THE CONSTRUCTION OF

MORNING VIEW DRIVE REHABILITATION & DRAINAGE IMPROVEMENTS SPECIFICATION NO. 2104
I Payment
.

Reference
903-2
902-11
905-4
907-3
910-2
910-2
910-2
918-2
924-2
915-13
Description
Mobilization (not to exceed 6%
of Total Bid)
Traffic Control
Storm Water Pollution
Prevention Proa ram
Quantity
1 1
1 Unit
Unit
Price

LS XXXX

LS XXXX

LS XXXX
Total
7 5"00 .­ '
Pavement Repair {8") 16,070 SF H., 50 z.o�. 815. -
5' \AJide Cold Milling (0-1.5") 520 SF �. 10 t t:t ?)l - - 6'-8' Wrde Cold Milling {0"-5�) 85 SF 'S" .�er i.1/50-'Z.£°'" Full VVidth Cold Milling 29,900 SF o. "Jo z_o,. q 30. - Excavation Safety 1 LS XXXX s-� 1 '.\S"'• -
AC Taper with Key 2,420 SF o./kJ L'l3'2 ·-
Asphalt Rubber Hot Mix 940 TN 91. l 17, (j"e . - {1.5" ARHM)

11. 917-3 Roadway Preparation 1 LS XXXX u,S"oo�-

12. 920-3 AC Miscellaneous Paving (3w
) 100 TN z. � , - z_ 1,.,
- -

13. 921-3 Driveway Approach 1,450 SF \ 1 . - . 1.. ti .trA O·

14. 922-4 AC Dike Rehabilitation 1, 150 LF t. :!i . i,,, t#6;-o. -

15. 923-4 AC Dike Seal 210 LF Ir, . - 7_, l ,o • - �--1------+---------�---1�---1---- 16. 925-4 Minor Concrete 105 SF � . _
- -�, 7£/(J .

17. 925-4 Minor Concrete 6,930 SF Z.'I•- \ti,lZt>,­
(Yosemite Brown Color)

18. 926-4

19. 926-4

20. 926-4

21. 926-4
22 926-4

23. 926-4

24. 919-3

25. 9-28-2

26. 927-2

27. 928-2

28. 928-2

29. 928-2

30. PVC Side Drain Pipe 8" 5 LF . '11\. - 4, SS"S"".

PVC Side Drain Pipe 1 O" 5
18" RCP 44
21' Wide Catch Basin 1
Philip Ave (Yosemite Brown
Color)
7' Wide Catch Basin
Morning View Dr (Yosemite
Brown Color)
14' Wide Catch Basin
Morning View Dr (Yosemite
Brown Color)
Transitioning Structure
, (SPPWC 331-3
Storm Drain Manhole
Tree Root Removal & Root
Barrier
Adjusting Water Valves
Adjusting Gas Valves
Adjusting Storm Dra:in Manhole
Pavement Delineation, Strip.ing
and Srgning

2.1 1
1 2
1 55
6 2
3 1
EA
EA l.15", .....

EA ,lfc,6".-
EA
LS xxxx -
\l, z.�o ,.

31. 906-5 Record of Construction 1 LS 1xxxx €300.,-
Changes

32. : 7-6 Release on Contract 1 LS 11.00 1.00
TOTAL u 13L 3 33.

The contractor shall be responsible for calculating and providing totals for the schedule.

The bid schedule shall include all costs for service, labor and materials, transportation, supervision, equipment and installation associated with the work complete and in place per these specifications.

By:

Date:

The following addenda are acknowledged:
(Bidder must fill in number and date of each
addendum or may enter the word "None" if
appropriate.)
Number Date
I make this Proposal and certify under penalty of perjury that all the statements in this bid that I have signed are true and correct.

Contractor's Name TORO ENTERPRISES,INC .

Title SEAN CASTILLO,PRESIDENT
Contractor's Name TORO ENTERPRISES,INC.

Title JERRY HANNIGAN.SECRETARY
22 Date Y/ll/zh
Date 1J.h2/z�
Signature�
_/

BIDDER'S BOND TO ACCOMPANY BID
(in lieu of cash, certified or cashier's check)
KNOW ALL PERSONS BY THESE PRESENTS:

That we, TORO EITTERP:Rlsss. INC. , as Principal, and ------ Travelers Casualty and Surety Company of America ' as Surety, acknowledge ourselves jointly and severally bound to the City of Malibu, the obligee, for ten (10) percent of the total bid, to be paid to said City if the Bid shall be accepted and the Principal shall fail to execute the Contract tendered by the City within the applicable time specified in the Bid Terms and Conditions, or fails to furnish either the required Faithful Performance or Labor and Material Bonds, or fails to furnish evidence of insurance as required in the Standard Specifications, then this obligation shall become due and payable, and Surety shall pay to obligee, in case suit is brought upon this bond in addition to the bond amount hereof, court costs and a reasonable attorney's fee to be fixed by the court. If the Principal executes the contract and furnishes the required bonds and evidence of insurance as provided in the bid documents, this bond shall be extinguished and released. It is hereby agreed that bid errors shall not constitute a defense to forfeiture.

WITNESS our hands this 1ath day of __,Apr_i_I ______ , 2024.

TORO ENTERPRISES, INC. I
Contractor
Travelers Casualty and Surety Company of America
Surety /l
By
Ethan
l_
Spector,
�
Attorney-in-Fact --
23 FORM TO ACCOMPANY BID BOND

SEE ATTACHED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
S'T._ATE OF CALIFORNIA )
COUtJTY OF )

CITY'OF )
SS.

On tht�. __ day of ________ , 2024, before me, the undersigned, a Notary Public in\and for said County and State, residing therein, duly commissioned and sworn, personally ppeared ____________ proved to me on the basis of satisfactory evide�� to be the person whose name is subscribed to this instrument; and know to be the __ .....,_ ____________________ _ subscribed to the within'"', instrument as the _________ of said And the said ________ ...,.,_ _____ duly acknowledge to me that he/she subscribed the name of _____ _, ______ thereto as Surety and his/her own name as __________ -.-__
I certify under PENAL TY OF PERJURY □(1der the laws of the State of California that the foregoing paragraph is true and correct. \,
WITNESS my hand and official seal.

Notary Public in and for said'·""
County and State aforesaid.

If certified or cashier's check is submitted herewith, state check number_"""N"""A 1___ _ and Amount $ .-,:,..:.:....:.._ NIA ______ _
24 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California,
County of Ventura,
On 04/19/2024 befo� me, Tyson Rising. Notary Public
Date Here Insert Name and Title of the Officer
personally appeared _______ Se�=a=n ..... Cas==t=ill=o...;& ..... J"'"e=r .... rv'"-'-'H=a�n�n""ig=a�n�------------- Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) �are subscribed to the within instrument and acknowledged to me that �/s):ra/llhey executed the same in his/l)er/their authorized capacity(ies), and that by h_j.S7h,er/their signature(s) on the inst rument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

TYSON RISING
COMM. #2388737 z
Notary Public • California �
Ventura County
Comm. Ex ires Dec. 31, 2025
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
-------------n------------------------------------{JPflONAL- --� -...,---· -� -·-----------------------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: _____________________ Date: _____ _ Number of Pages:_ 1 _ Signer (s) Other Than
Capacity(ies) Claimed by Signer(s)
Named Above: ____________ _
Signer's Name Sea ..n Castillo121 Corporate Officer - Title(s): �P�r�es=i�d�en�t�--- □ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other: ______________ _
Signer Is Representing: Toro E nterprises, I nc.

Signer's Name: ""'J..c.e"""
rry"--'-H'""a"""
nn"'"'i..._ga=--------�
n
121 Corporate Officer - Title(s):_s_ec..,.u.re ... t ... wx..,'-. ____ _ □ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other: ______________ _
Signer Is Representing: Toro Enterprises, Inc.
,<.�-Q,;.·Q<;:Q;.'§<;.�,g;.gg;,.��-Q,;.'9;.�,g(;;l,e<;l!i«;,'9;,�'§<;.'g.'g;::.:::: __ ;c, �. �-��:;g:;������
©2014 National Notary Associatio n • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate ver1fies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. state of California
County of Los Angeles
on _A_P_R_1_8_2 _02_4 __ before me, B. Aleman1 Notary Public Date Here Insert Name and Title of the Officer
Personally appeared _E_t_h_a
_
n_S_p_e_c_t_o_r ________________________ _
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(� whose name{'v isbi� subscribed to the within instrument and acknowledged to me that he/�� executed the same in his�w authorized capacity��:), and that by his/�� signature(x) on the instrumentthe person\){), or the entity upon behalf of which the person()v acted, executed the instrument.

Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS m�d and official seal.
s;goaw\,� ,,�, '• b
l,S{gnature
J I' -, �
of Notary Public
---�-�---�--------� OPTIONAL-------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document _______________ Document Date __________ _ Number of Pages ________ Signer(s) OtherThan Named Above _____________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name _____________ _
D Corporate Officer-Title(s) .....,. _______ _
D Partner D Limited D General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other ______________ _
Signer Is Representing __________ _
Signer's Name ______________ _ D Corporate Officer-Title(s) =--------­ □ Partner D Limited □ General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other _______________ _
Signer Is Representing ___________ _
......... TRAVELERSJ
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Ethan Spector of LOS ANGELES , California , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021.

State of Connecticut
City of Hartford ss. �
B
y_____ : _,,"
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_es_-ide__nt _--
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

My Commission expires the 30th day of June, 2026
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:

RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-inF act for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.

I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.

Dated this day of APR 1 8 ,2024
I
t Kevin E. Hughes,AsSltantSecretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.

Please refer to the above-named Attorney{s)-in-Fact and the details of the bond to which this Power of Attorney is attached.

STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES
The Bidder is required to state the bidder's financial ability and a general description of similar work performed. The City reserves the right to determine that any Bidder is not non-responsible if it finds the information provided herein is inaccurate, misleading or false, or upon evidence of collusion or other illegal practices on the part of a Bidder.

Failure by Bidder to complete this form completely and accurately and submit it with its bid may result in rejection of the bid as non-responsive.

Reau ired Qualifications: Bidders must hold a valid State of California Contrac or's License "A" or "C-12" at the time the bid is submitted to the City.

The bidder must have a minimum of seven (7) years of experience in pavement repairs and resurfacing roads. Do you have a minimum of seven (7) years of experience in pavement repairs and resurfacing roads?
Yes X No
To demonstrate the required experience, bidders shall provide evidence of the following:

Contractors must show that they completed five (5) projects within the last seven (7) years that includes pavement repairs and resurfacing roads. The required information shall be attached to the Statement of Bidder's Qualifications and References. Failure to provide the required information may be grounds for the City to deem the bid non-responsive.

Number of years engaged in providing the work included within the scope of the specifications under the present business name: �2�9�----------- List and describe fully the last three recent contracts performed by your current firm which demonstrate your ability to complete the work included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

Reference No. 1
Customer Name CITY OF AZUSA
Contact Individual CHRISTINA CURIEL Phone No. 626-813-5247 Contract Amount $2,331,685.25 Year --=----=-=------- 2023 Address 213 E FOOTHILL BLVD,AZUSA,,CA 91702
Description of work done ___________________ _
R/R OF SIDEWALK.CURB AND GUTTER.AC PAVING
COLD MILLING.CONSTRUCT AC PAVEMENT WITH C2 MIX

2.S
Customer Name
Contact Individual
Reference No. 2

CITY OF GLENDALE

ARMOND SIMONIAN
Contract Amount -$4,--324, 521--- .28 ----
Address 633 East Broadway, Glendale, CA
Phone No.

Year 2022
(805) 548-3945
--------
Description of work done AC PAVEMENT, CONCRETE, UNDERGROUND UTILITIES (STORM DRAIN) AND STRIPING
Reference No. 3
Customer Name CITY OF ALHAMBRA
Contact Individual THOMAS AMARE Phone No. 626-300-1562
Contract Amount $3, 51 5, 580 Year -202-4 ------
Address 111 South First Street, Alhambra, California 91801 Description of work done AC PAVING, CONCRETE WORK, UNDERGROUND WET

UTLITIES AND STRIPING
26 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES
(Cont'd)

STATE OF CALIFORNIA, COUNTYOF -------------- VENTURA
1 am the PRESIDENT AND SECRETARY
------------------ of TORO ENTERPRISES.INC.
------ , the bidder herein. I have read the foregoing statement and know the contents thereof; and I certify that the same is true to my knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true.

Executed on __.q....,lz�i ..... t __ ikl ________ .at OXNARD , California. (Date) (Place)
SEAN CASTILLO.PRESIDENT
Tltle
Signature of Biader

JERRY HANNIGAN,SECRETARY
Title
27 STATEMENT OF BIDDER'S PAST CONTRACT DISQUALIFICATIONS Pursuant to Section 10162 of the Public Contract Code the bidder shall state whether such bidder, any officer or employee of such bidder who has a proprietary interest in such bidder has ever been disqualified, ,r.emoved, or othert✓ise pieVented frorn bidding on, or completing a Federal, State, or local government project because of a violation of law or a safety regulation; and if so, explain the circumstances.

NIA

1.. Do you have any disqualification, removal, etc., as described in the above paragraph to declare?
Yes ___ No_X_· __

2. If Yes, explain the circumstances.
, California.
f perjury, that the foregoing is true and correct. �W:s:::: Signature(s) of Authorized Bidder Signatur,e(s) of Aultiorized Bidder

SEAN CASTILLO,PRESIDENT JERRY HANNIGAN SECRETARY
Title Title
28 QUESTIONNAIRE REGARDING SUBCONTRACTORS
Bidder shall answer the following questions and submit with the bid. 1 . Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid?
Yes ( ) No�

2. If the answer to No. 1 is "yes", please forward a copy of the rules of each bid depository you used with this questionnaire.

3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( ) No�

4. Has any person or group threatened you with subcontractor boycotts, union boycotts or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories?
Yes () No�

5. If the answer to No. 4 is "yes", please explain the following details:
a) Date: NIA
b) Name of person or group: N/A
c) Job involved (if applicable): N/A
d) Nature of threats: NIA
e) Additional comments: (Attach additional pages as necessary) We declare under penalty of perjury that the foregoing is true and correct.

Dated this 2--2!·1,- day of _l-i ....... f_r: ..... ( ____ , 2024. 29 By __ __.. _____ _,,,""""' __ _

SEAN CASTILLO,PRESIDENT
Title
By���.,.....,.'---.....,....-----­

JERRY HANNIGAN,SECRETARY
Title

BIDDER'S STATEMENT OF SUBCONTRACTORS AND MATERIAL FABRICATORS Without exception, the bidder is required to state the name and address of each subcontractor and the portion of the work which each will do as required by Subsection 1-6.3 of the SSPWC and in conformance with Public Contracts Code, Sections 4100 to 4113, inclusive.

Without limiting the generality of the foregoing, any contractor making a bid or offer to perform the work, shall set forth in the Bid:
(a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings ,contained in the pians and specifications, in an amount in excess of one-half of one percent of the prime contractor's total bid; and
(b) The portion of the work which will be done by each subcontractor. The prime contractor shall list only one subcontractor for each portion. (c) Agrees that the list of subcontractors submitted herewith cannot be changed, modified, or substituted without written request and approval of the awarding body.

The undersigned submits herewith a list of subcontractors in conformance with the foregoing:

Name Under Which
Subcontractor is
Licensed
A-c,. o:½f, C,QPo.vt../n'"" (tt,(. yt,l;�
�$±CAI-< i ,. �'1 c. .
t.��A �....,.J,c.}';4J•
ku: ..

Signature(s) of Bidder
License No. & Class Business Address Specific Description of Subcontract and Portion of
the Work to be Done
Y() )�I] ; l (a,¼-(I 2.188 VtA.Jw:s Or. L;h""n Al o: kt< ¥-etno.h GA, '1A"1iii
�li93$:2; {,,lp.s.( .. A,._t �z jr,7/(o ,Sq.n ::.e,v"'-.;l\,Q.. Bl C,pld; fla,ze, 4/ZZ/zJ/
Date
\IJb.y "� ...,,.I.I.ft.. '1r&tt.,U1 4mn.
w .. Al. (txho �C :s+ -
�
-
·
_
,..._rv_<-
...,.

Y _______ _
(j,.'4,.Jf,-, t,/1 qi.9<, 9
1 Signature(s) of Bidder Date

SEAN CASTILLO,PRESIDENT JERRY HANNIGAN,SECRETARY
Title Title
30 NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)

TO THE CITY OF MALIBU

PUBLIC WORKS DEPARTMENT
tn acoordance with Title 23 United States Gode Section 112 and Public Conb"act Code 7106,., the bidder decla:res that the bid is, not made ·n the interest of or on ibehalf of, any undisclosed person, partnership, company, association, organization or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspiired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shalI refrain from bidding: that the bidder has not ·n any manner, directly or indirectly, sought by agreement1 communication, or conference with anyone to fix the bid price of the bidder to any other bidder or to fix any overhead, profit, or cost element of the bid price, or of that of any other bjdder, or to secure any advantage against ·the public body awarding the contract of anyone ·merested in the proposed contract· that aH statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, subm'tted his or her bid Price, or any breakdown thereof, or the contents thereof, or divu!ged information or data relative thereto, or paid, and wm not pay, any ·fee to any corporation, partnership, companyr association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

SEAN CASTILLO,PR
Signature o(Bidder
2101 E VENTURA BLVD,OXNARD,CA 93036
Bidder Address
31 JERRY HANNIGAN,SECRETARY
Name of Bidder
�-''--

EQUAL OPPORTUNITY CERTIFICATE

THE BIDDER'S EXECUTION OF THE SIGNATURE PORTION OF THIS PROPOSAL

SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATES WHICH ARE A PART OF THIS BID.

The bidder hereby certifies that the bidder and proposed subcontractor(s), if any, have or have not participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compl.iance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employmen Opportunity, au reports due under the applicable filling requirements.

SEAN CASTILLO,PRESIDENT
Title (Typed)
Date
32 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS PART 29
The bidder under penalty of perjury, certifies that except as noted below, the bidder or any person associated therewith in the capacity of owner, partner, director, officer, or manager:
is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder's responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.
33 GENERAL ENGINEERING

CONTRACTORS
Certificate of Corporate Authority
I hereby certify that Toro Enterprises, Inc. is a duly organized and existing California corporation, which has the power to take the action called for by the following resolution.

I further certify that Sean Castillo is President, Jerry Hannigan is Secretary and Trent Royle is Vice President of Operations and all have the authority individually to execute bid bonds, bid submittals, contract documents and change orders on behalf of the corporation as stated in the minutes of the Board of Directors' Meeting of Toro Enterprises, Inc. held July 15, 2016.

In witness whereof, I have affixed by hand and seal of said corporation this 15th day of July 2016.

Jll/rc
Equal Opportunity Employer
PO BOX 6285, OXNARD, CA 93031
PHONE: (805) 483-4515 FAX: (805) 483-3635

Agenda Item # 3.B.6.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Brandie Ayala, Administrative Analyst
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: April 26, 2024 Meeting date: May 28, 2024 Subject: Los Angeles County Measure M Transportation Funding Agreement RECOMMENDED ACTION: Authorize the Mayor to execute the Los Angeles County Measure M Funding Agreement for the Pacific Coast Highway Crosswalk Improvements at Big Rock Drive and 20326 Pacific Coast Highway (PCH).

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

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

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

The Pacific Coast Highway Crosswalk Improvements at Big Rock Drive and 20326 PCH was identified as Priority ID Nos. 7, 15, 32, 65, 66, 67 and 94 in the 2015 PCH Safety Study.

This project includes a new flashing warning beacon located approximately 200 feet east and west of 20326 PCH (Moonshadow’s Restaurant). Additionally, the project includes constructing raised medians, along with a pedestrian refuge area. A new overhead flashing “signal ahead” beacon will be installed 400 feet east of the PCH and Big Rock Drive intersection and construct raised medians near the Big Rock Drive intersection.

City Council Meeting
05-28-24
Item

3.B.6.

Agenda Item # 3.B.6.

This project is eligible to use Measure M funds since it includes an active transportation element. Staff has submitted the project to Metro for funding approval. Measure M funds are now available for this project. The project requires a funding agreement between the City and Metro for the disbursement of $683,219 in Measure M funds to be used towards the Pacific Coast Highway Crosswalk Improvements at Big Rock Drive and 20326 PCH.

Staff recommends that Council authorize the Mayor to execute the execute the Los Angeles County Measure M Funding Agreement for the Pacific Coast Highway Crosswalk Improvements at Big Rock Drive and 20326 PCH.

ATTACHMENTS:

1. Funding Agreement with Los Angeles County for the Pacific Coast Highway Crosswalk Improvements at Big Rock Drive and 20326 PCH
FTIP #: N/A
Subregion ID: LAS VIRGENES/MALIBU
Project ID#: MM4401.05
FA# 9200000000M440105
Rev: 05.16.2023 1 Measure M Funding Agreement – MSP

MEASURE M FUNDING AGREEMENT

MULTI-YEAR SUBREGIONAL PROGRAMS
This Funding Agreement (“FA”) is made and entered into effective as of February 1, 2024 (“Effective Date”), and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and City of Malibu ("GRANTEE") for Pedestrian/Bicyclist Crosswalk Improvements-PCH @ Big Rock Dr. & 20326 PCH, LACMTA Project ID# MM4401.05, (the "Project"). This Project is eligible for funding under Line 56 of the Measure M Expenditure Plan.

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

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

WHEREAS, the LACMTA Board, at its January 24, 2019 meeting, programmed $683,219, in Measure M Funds to GRANTEE for PS&E and Construction, subject to the terms and conditions contained in this FA; and
WHEREAS, the LACMTA Board on January 25, 2024 approved reprogramming of the Measure M Funds previously approved; and
WHEREAS, the Funds are currently programmed as follows: $35,000 in Measure M Funds in Fiscal Years FY 2023-24; $165,000 FY 2024-25; $313,219 FY 2025-26; and $170,000 FY 2026-27.

The total designated for PS&E and Construction of the Pedestrian/Bicyclist Crosswalk Improvements -PCH @ Big Rock Dr. & 20326 PCH is $683,219.

NOW, THEREFORE, the parties hereby agree as follows:

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

1. Part I – Specific Terms of the FA

2. Part II – General Terms of the FA

3. Attachment A – Project Funding

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

5. Attachment C – Scope of Work

6. Attachment D – Project Reporting and Expenditure Guidelines

7. Attachment D-1 – Intentionally omitted

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

9. Attachment E – Bond Requirements

10. Any other attachments or documents referenced in the above documents Attachment 1
FTIP #: N/A
Subregion ID: LAS VIRGENES/MALIBU
Project ID#: MM4401.05
FA# 9200000000M440105
Rev: 05.16.2023 2 Measure M Funding Agreement – MSP
In the event of a conflict, the Special Grant Conditions, if any, shall prevail over the Specific Terms of the FA and any attachments and the Specific Terms of the FA shall prevail over the General Terms of the FA.

FTIP #: N/A
Subregion ID: LAS VIRGENES/MALIBU
Project ID#: MM4401.05
FA# 9200000000M440105
Rev: 05.16.2023 3 Measure M Funding Agreement – MSP
IN WITNESS WHEREOF, the parties have caused this FA to be executed by their duly authorized representatives as of the dates indicated below:

LACMTA:

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

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

City of Malibu
By: _______________________________________ Date: ____________________ Steve Uhring
Mayor
APPROVED AS TO FORM:

By: _______________________________________ Date: ____________________ Trevor Rusin
Interim City Attorney
FTIP #: N/A
Subregion ID: LAS VIRGENES/MALIBU
Project ID#: MM4401.05
FA# 9200000000M440105
Rev: 05.16.2023 4 Measure M Funding Agreement – MSP
PART I

SPECIFIC TERMS OF THE FA

1. Title of the Project (the "Project"): Pedestrian/Bicyclist Crosswalk Improvements-PCH @ Big Rock Dr. & 20326 PCH –Plans, Specifications and Estimates (PS&E), and Construction of the Project. LACMTA Project ID# MM4401.05.

2. Grant Funds:

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

2.2 To the extent the Measure M Funds are available; LACMTA shall make to GRANTEE a grant of the Measure M funds in the amount of $683,219 (the “Funds”) for the Project. LACMTA Board of Directors’ action of January 24, 2019 granted the Measure M Funds for the Project. LACMTA Board of
Directors’ action of January 25, 2024 reprogrammed the Measure M Funds for the Project. The Funds are programmed over four years for Fiscal Years (FY) 2023-24, FY 2024-25, FY 2025-26, and FY 2026-27.

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

GRANTEE Funding Commitment, if applicable, must be spent in the appropriate proportion to the Funds with each quarter’s expenditures. LACMTA will withhold ten percent 10% of eligible expenditures per invoice as retention pending an audit of expenditures and completion of scope of work.

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

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

FTIP #: N/A
Subregion ID: LAS VIRGENES/MALIBU
Project ID#: MM4401.05
FA# 9200000000M440105
Rev: 05.16.2023 5 Measure M Funding Agreement – MSP

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

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

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

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

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

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

11. No changes to the (i) Grant amount, (ii) Project Funding, (iii) the Scope of Work (except as provided herein), (iv) Final milestone date or (v) Special Grant Conditions, shall be allowed FTIP #: N/A
Subregion ID: LAS VIRGENES/MALIBU
Project ID#: MM4401.05
FA# 9200000000M440105
Rev: 05.16.2023 6 Measure M Funding Agreement – MSP
without a written amendment to this FA, approved and signed by the LACMTA Chief Executive Officer or his/her designee and GRANTEE. Modifications that do not materially affect the terms of this FA, such as redistributing Funds among existing budget line items or nonmaterial schedule changes must be formally requested by GRANTEE and approved by LACMTA in writing. Non-material changes are those changes which do not affect the grant amount or its schedule, Project Funding, or the Scope of Work, including the Work schedule.

12. LACMTA's Address:

Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Attention: Annie Chou
LACMTA Project Manager
Mail Stop: 99-2-3
Phone: (213) 418-3453
Email: [email protected]

13. GRANTEE's Address:

City of Malibu
23825 Stuart Ranch Road | Malibu, CA 90265
Julia Santia
Associate Engineer
Phone: 310.456.2489 ext. 238
Email: [email protected]

FTIP #: N/A
Subregion ID: LAS VIRGENES/MALIBU
Project ID#: MM4401.05
FA# 9200000000M440105
Rev: 05.16.2023 7 Measure M Funding Agreement – MSP

PART II

GENERAL TERMS OF THE FA

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

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

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

Submit invoice with supporting documentation to:

[email protected] (preferable)
or
mail to:

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

Re: LACMTA Project ID# MM4401.05 and FA# 9200000000M440105 Annie Chou; Mail Stop 99-23-3
FTIP #: N/A
Subregion ID: LAS VIRGENES/MALIBU
Project ID#: MM4401.05
FA# 9200000000M440105
Rev: 05.16.2023 8 Measure M Funding Agreement – MSP

4. USE OF FUNDS

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

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

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

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

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

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

4.7 If the Project requires the implementation of an Intelligent Transportation Systems (“ITS”) project, GRANTEE shall ensure the Project is consistent with FTIP #: N/A
Subregion ID: LAS VIRGENES/MALIBU
Project ID#: MM4401.05
FA# 9200000000M440105
Rev: 05.16.2023 9 Measure M Funding Agreement – MSP
the Regional ITS Architecture. Attachment G, the Los Angeles County Regional ITS Architecture (CONNECT-IT) Consistency Self-Certification Form, must be completed and signed for planned ITS projects and/or ITS projects that use local, state, or federal funds programmed or administered through LACMTA. Refer to www.laconnect-it.com to find information about the CONNECT-IT Service Packages.

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

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

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

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

6. REPORTING AND AUDIT REQUIREMENTS/PAYMENT ADJUSTMENTS

6.1 GRANTEE shall submit the draft of Quarterly Progress/Expenditure Report (Attachment D-2) within sixty (60) days after the close of each quarter on the last day of the months November, February, May and August to the LACMTA Project Manager for review and pre-approval of the applicable report. LACMTA Project Manager shall review and respond in writing to the draft Quarterly Progress/Expenditure Report within thirty (30) calendar days from receipt. Grantee shall submit the LACMTA pre-approved Quarterly Progress/Expenditure Report no later than five (5) days after receipt of LACMTA’s written approval. Should GRANTEE fail to submit either the draft or pre-approved reports within five (5) days of the due date and/or submit incomplete reports, LACMTA will not reimburse GRANTEE until the completed required reports are received, reviewed, and approved. The Quarterly Progress/Expenditure Reports shall include all appropriate documentation (such as contractor invoices, timesheets, receipts, etc.), and any changes to interim milestone dates that do not impact the final milestone date. All supporting documents must include a clear justification and explanation of their relevance to the Project. If no activity has occurred during a particular quarter, GRANTEE will still be required to submit the Quarterly Progress/Expenditure Reports indicating no dollars were expended that quarter. If a request for reimbursement exceeds $500,000 in a single month, then GRANTEE can submit such an invoice once per month with supporting documentation. Expenses that are not invoiced to LACMTA Accounts Payable FTIP #: N/A
Subregion ID: LAS VIRGENES/MALIBU
Project ID#: MM4401.05
FA# 9200000000M440105
Rev: 05.16.2023 10 Measure M Funding Agreement – MSP
within ninety (90) days after the lapsing date specified in Part II, Section 9.1 below are not eligible for reimbursement.

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

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

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

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

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

6.5 GRANTEE shall cause all contractors to comply with the requirements of Part II, Section 6, paragraphs 6.3 and 6.4 above. GRANTEE shall cause all contractors to cooperate fully in furnishing or in making available to LACMTA all records deemed necessary by LACMTA auditors or authorized representatives related to the Project.

FTIP #: N/A
Subregion ID: LAS VIRGENES/MALIBU
Project ID#: MM4401.05
FA# 9200000000M440105
Rev: 05.16.2023 11 Measure M Funding Agreement – MSP

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

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

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

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

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

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

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

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

8. SOURCES AND DISPOSITION OF FUNDS
FTIP #: N/A
Subregion ID: LAS VIRGENES/MALIBU
Project ID#: MM4401.05
FA# 9200000000M440105
Rev: 05.16.2023 12 Measure M Funding Agreement – MSP

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

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

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

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

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

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

9. TIMELY USE OF FUNDS / REPROGRAMMING OF FUNDS

9.1 GRANTEE must demonstrate timely use of the Funds by:
(i) Executing this FA within ninety (90) days of receiving formal transmittal of the FA from LACMTA, or by December 31 of the FTIP #: N/A
Subregion ID: LAS VIRGENES/MALIBU
Project ID#: MM4401.05
FA# 9200000000M440105
Rev: 05.16.2023 13 Measure M Funding Agreement – MSP
first Fiscal Year in which the Funds are programmed, whichever date is later; and
(ii) Beginning Project Design, Preliminary Engineering-(PE) within six (6) months from completion of environmental clearance, if appropriate.
(iii) Expending Right-of-Way costs (including by deposit into a condemnation action) by the end of the second (2nd) fiscal year following the year the Funds were first programmed; and (iv) Executing Contracts for Construction or Capital purchase within twelve (12) months from the date of completion of design; and (v) Delivering Work in accordance with schedule; changes to the schedule will require an Amendment to Attachment C to reflect updated milestone dates. Meeting the Project milestone due dates as agreed upon by the LACMTA and GRANTEE in
Attachment C of this FA; and
(vi) Submitting the Quarterly Progress/Expenditure Reports as described in Part II, Section 6.1 of this FA; and
(vii) Expending the Funds granted under this FA for allowable costs within three years or 36 months from July 1 of the Fiscal Year in which the Funds are programmed, unless otherwise stated in this FA. All Funds programmed for FY 2023-24 are subject to lapse by June 30, 2026. All Funds programmed for FY 2024-25 are subject to lapse by June 30, 2027. All Funds programmed for FY 2025-26 are subject to lapse by June 30, 2028. All Funds programmed for FY 2026-27 are subject to lapse by June 30, 2029.

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

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

11. REMEDIES

11.1 In the event of a Default by GRANTEE, LACMTA shall provide written notice of such Default to GRANTEE with a 30-day period to cure the Default. In the event GRANTEE fails to cure the Default, or commit to cure the Default and commence the same within such 30-day period to the satisfaction of LACMTA, LACMTA shall have the following FTIP #: N/A
Subregion ID: LAS VIRGENES/MALIBU
Project ID#: MM4401.05
FA# 9200000000M440105
Rev: 05.16.2023 14 Measure M Funding Agreement – MSP
remedies: (i) LACMTA may terminate this FA; (ii) LACMTA may make no further disbursements of Funds to GRANTEE; and/or (iii) LACMTA may recover from GRANTEE any Funds disbursed to GRANTEE as allowed by law or in equity.

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

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

12. COMMUNICATIONS

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

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

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

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

12.5 The LACMTA Project Manager shall be responsible for monitoring GRANTEE’s compliance with the terms and conditions of this Section. GRANTEE’s failure to comply with the terms of this Section shall be deemed a default hereunder and LACMTA shall have all rights and remedies set forth herein.

FTIP #: N/A
Subregion ID: LAS VIRGENES/MALIBU
Project ID#: MM4401.05
FA# 9200000000M440105
Rev: 05.16.2023 15 Measure M Funding Agreement – MSP

13. OTHER TERMS AND CONDITIONS

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

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

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

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

13.5 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected party. Each party hereto FTIP #: N/A
Subregion ID: LAS VIRGENES/MALIBU
Project ID#: MM4401.05
FA# 9200000000M440105
Rev: 05.16.2023 16 Measure M Funding Agreement – MSP
shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this FA.

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

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

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

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

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

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

13.12 GRANTEE, in the performance of the work described in this FA, is not a contractor nor an agent or employee of LACMTA. GRANTEE attests to no organizational or personal conflicts of interest and agrees to notify LACMTA immediately in the event that a conflict, or the appearance thereof, arises. GRANTEE shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise.

Agenda Item # 3.B.7
Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Brandie Ayala, Administrative Analyst
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: April 30, 2024 Meeting date: May 28, 2024 Subject: State Senate Bill 1 (SB 1) Road Maintenance and Rehabilitation Account (RMRA) Funding and Project List
RECOMMENDED ACTION: Adopt Resolution No. 24-24 approving the Fiscal Year 2024- 2025 project list for Senate Bill (SB 1) (Road Rehabilitation and Accountability Act of 2017) Road Maintenance and Rehabilitation Account (RMRA) funding.

FISCAL IMPACT: No additional appropriation is required. Funding from multiple sources, including RMRA funds, for the Annual Street Overlay Project is included in the Proposed Budget for FY 2024-25 in Account No. 310-9002-7901-00 (Annual Street Overlay).

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 April 28, 2017, the Governor signed Senate Bill 1, the Road Repair and Accountability Act of 2017, to address statewide transportation funding shortfalls. SB 1 established a Road Maintenance and Rehabilitation Account (RMRA) in the State Transportation Fund. Beginning in January 2018, the State Controller deposited funds generated from increased fuel taxes and vehicle registration fees into the RMRA. A portion of the RMRA funds are distributed monthly to the City for basic road maintenance, rehabilitation and critical safety projects on local streets and road systems. In FY 2024- 25, the City of Malibu is estimated to receive $274,836 from the RMRA.

SB 1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. Eligibility for RMRA funding is established each year with the City Council adoption of a resolution approving the list of projects to receive RMRA City Council Meeting
05-28-24
Item

3.B.7.

Agenda Item # 3.B.7
funding. Staff recommends that the funding be applied towards the 2024 Annual Street Maintenance Project, which is included in the Proposed Budget for FY 2024-25. This project consists of resurfacing Big Rock Drive and Tuna Canyon Road.

To meet the SB 1 funding requirements for FY 2024-25, staff recommends Council adopt Resolution No. 24-24. The adopted resolution and proposed project will be submitted to the California Transportation Commission.

ATTACHMENTS: Resolution No. 24-24
Attachment 1
RESOLUTION NO. 24-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU
APPROVING THE FISCAL YEAR 2024-2025 PROJECT LIST FOR SENATE BILL 1 (ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017) ROAD

MAINTENANCE AND REHABILITATION ACCOUNT FUNDING
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals
A. Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide.

B. SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year.

C. The City must approve by resolution a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement.

D. The City will receive an estimated $274,836 in RMRA funding in Fiscal Year (FY) 2024-2025 from SB 1.

E. This is the seventh year in which the City is receiving SB 1 funding which will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increase access and mobility options for the traveling public that would not have otherwise been possible without SB 1.

F. The City has undergone a robust public process to ensure public input into the City’s Capital Improvement Plan, Pavement Management Plan and transportation priorities.

G. The City used a Pavement Management System to develop the SB 1 Project List to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment.

H. The funding from SB 1 will help the City maintain and rehabilitate City streets in FY 2024-2025 and in future years.

I. The 2020 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in a “At Risk” condition and this revenue will help increase the overall quality of our road system and over the next decade will bring our streets and roads into a “Good” condition.

Resolution No. 24-24

_____________________
J. The SB 1 Project List and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

SECTION 2. The City Council hereby approves the SB 1 Project List provided in Attachment A for FY 2024-2025 RMRA Funds.

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

PASSED, APPROVED, and ADOPTED this 28th day of May 2024. _____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
Resolution No. 24-24

_____________________

ATTACHMENT A
Project List for FY 2024-2025 RMRA Funds
New or
Previously
Proposed
Project?
Proposed
Project
Project Type Project
Description
Project
Location
Estimated
Project
Schedule
Estimated
Useful Life
Additional
Project
Elements
Re-listed 2022 Annual
Street
Maintenance
Road
Maintenance
and
Rehabilitation
This project
consists of
the
rubberized
asphalt
overlay of
Morning
View Drive
Morning
View
Drive
August
2022 to
October
2024
20-30 years Sustainability:

This project
proposes the
application of
asphalt rubber hot
mix overlay
which is made of
recycled tires that
would otherwise
end up the
landfill.

Complete
Streets: The
reconstruction
and maintenance
of City streets
improves safety
for all users.

Re-listed 2023 Annual
Street
Maintenance
Project
Road
Maintenance
and
Rehabilitation
This project
consists of
the
rubberized
asphalt
overlay
Harvester
Road, Floris
Heights,
Filaree
Heights,
Deerhead.

Slurry Seal
Busch Drive.

Harvester
Road,
Floris
Heights,
Filaree
Heights,
Deerhead
Road and
Busch
Drive
November
2023-June
2024
20-30 years Sustainability:

This project
proposes the
application of
asphalt rubber hot
mix overlay
which is made of
recycled tires that
would otherwise
end up the
landfill.

Complete
Streets: The
reconstruction
and maintenance
of City streets
improves safety
for all users.

Resolution No. 24-24

_____________________
New 2024 Annual
Street
Maintenance
Road
Maintenance
and
Rehabilitation
This project
consists of
the
rubberized
asphalt
overlay Big
Rock Drive
and Tuna
Canyon
Road
July 2024
– June
2025
20-30 years Sustainability:

This project
proposes the
application of
asphalt rubber hot
mix overlay
which is made of
recycled tires that
would otherwise
end up the
landfill.

Complete
Streets: The
reconstruction
and maintenance
of City streets
improves safety
for all users.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Tracey Rossine, Environmental Programs Manager Reviewed by: Yolanda Bundy, Environmental Sustainability Director Approved by: Steve McClary, City Manager
Date prepared: May 8, 2024 Meeting date: May 28, 2024
Subject: Professional Services Agreement for On Call Environmental Consulting Services
RECOMMENDED ACTION: Authorize the Mayor to execute a professional services agreement with Rincon Consultants, Inc. to provide on-call environmental consulting services.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement was included in the Adopted Budget for FY 2023-24 and Proposed Budget for FY 2024- 25 in Account No. 101-3003-5100 (Clean Water Professional Services).

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

DISCUSSION: On February 27, 2024, a Request for Proposals (RFP) for On-Call Environmental Consulting Services was distributed. The RFP outlined the services requested by the City including stormwater management, wastewater program services, water quality compliance, spill response, and general as-needed environmental services assistance. The RFP required applicants to enumerate the firm’s capabilities and experience in providing these requested services. In addition, identification of primary personnel was required. The City received a proposal from one firm, Rincon Consultants, Inc.

The City utilized Rincon Consultants to provide specialized consulting services during the COVID-19 pandemic and has experienced consistent and excellent service. Due to unforeseen events, such as increased inspections for illicit discharges and site BMPs, key employee departures, continued staff vacancies, and the heavy rain events, staff City Council Meeting
05-28-24
Item

3.B.8.

have utilized Rincon extensively. Based on the quality of the RFP package, and the quality of service currently provided, staff recommends authorizing an agreement with Rincon Consultants.

ATTACHMENTS:

1. Professional Services Agreement with Rincon Consultants, Inc.

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of May 28, 2024 by and between the City of Malibu (hereinafter referred to as the "City"), and Rincon Consultant Inc. (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

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

B. The City desires to contract out for consulting services for certain projects relating its Environmental Programs to include stormwater management, water quality compliance, and spill response.

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

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

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

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

2.0 TERM OF AGREEMENT. This Agreement will become effective on July 1, 2024 and will remain in effect for a period of two (2) years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

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

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work’s fee and cost schedule (Exhibit B). The cost of services shall not exceed $340,000 per year. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

Attachment 1
Agreement for Professional Services
Rincon Consultants, Inc.

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

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

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

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

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

6.0 GENERAL TERMS AND CONDITIONS.

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

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

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

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

Agreement for Professional Services
Rincon Consultants, Inc.

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

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

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

6.5 Indemnification.

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

6.5.1. Duty to defend:

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

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

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