Malibu City Council
June 10, 2024

Agenda Item # 3.B.11
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 10, 2024 Meeting date: June 10, 2024 Subject: November 5, 2024 General Municipal Election
RECOMMENDED ACTION: 1) Adopt Resolution No. 24-26 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers as required by the provisions of the laws of the State of California relating to general law cities; and 2) Adopt Resolution No. 24-27 requesting the Board of Supervisors of the County of Los Angeles to consolidate a General Municipal Election to be held on November 5, 2024, with the Statewide General Election to be held on the date pursuant to California Elections Code Section 10403.

FISCAL IMPACT: No additional appropriation is required. Funding for this project is included in the Proposed Budget for FY 2024-25 to cover the costs of the November 5, 2024 General Municipal Election.

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

DISCUSSION: State law requires adoption of various resolutions in order to conduct a General Municipal Election. Staff has prepared the 2024 Election resolutions for Council consideration and adoption. Resolution No. 24-26 (Attachment 1) calls the election and sets the date on Tuesday, November 5, 2024, and Resolution No. 24-27 (Attachment 2) requested the Board of Supervisors of the County of Los Angeles to consolidate the General Municipal Election with the Statewide General Election.

On June 13, 2016, the Council adopted Resolution No. 16-24 (Attachment 3) adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at the November 8, 2016 General Municipal Election and at each municipal election thereafter.

City Council Meeting
06-10-24
Item

3.B.11
1

Agenda Item # 3.B.11
For information purposes, attached to the staff report is a list of important dates (Attachment 4) related to the November 5, 2024 General Municipal Election.

ATTACHMENTS:

1. Resolution No. 24-26

2. Resolution No. 24-27

3. Resolution No. 16-24

4. November 5, 2024 General Municipal Election Important Dates 2 RESOLUTION NO. 24-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024,

FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE

PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING

TO GENERAL LAW CITIES
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Pursuant to the requirements of the laws of the State of California relating to general law cities, the City Council hereby calls and orders a General Municipal Election for the purpose of electing three members of the City Council for the full term of four years to be held in the City of Malibu, on Tuesday, November 5, 2024.

SECTION 2. The ballots to be used at the election shall be in form and content as required by law.

SECTION 3. The City Clerk is authorized, instructed and directed to coordinate with the Los Angeles County Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. The vote centers for the election shall be open as required during the identified voting period pursuant to Elections Code sections 4007 and 14401.

SECTION 5. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 7. Pursuant to Resolution No. 99-86, in the event of a tie vote as certified by the County of Los Angeles Registrar-Recorder/County Clerk, the City Council shall conduct a special runoff election to resolve the tie vote and such special runoff election is to be held on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote.

SECTION 8. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

SECTION 9. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original Resolutions.
3 Attachment 1
Resolution No. 24-26

_____________________
PASSED, APPROVED, and ADOPTED this 10th day of June 2024. _____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
4 RESOLUTION NO. 24-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS

ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL

ELECTION TO BE HELD ON THE DATE PURSUANT TO CALIFORNIA
ELECTIONS CODE SECTION 10403
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. The City Council of the City of Malibu called a General Municipal Election to be held on November 5, 2024, for the purpose of the election of three members of the City Council for the full term of four years.

B. It is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places, and election officers of the two elections be the same, and that the County election department of the County of Los Angeles canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

SECTION 2. Pursuant to the requirements of Elections Code Section 10403, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of the electing three members of the City Council for the full term of four years.

SECTION 3. The County election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election including Elections Code Section 10418.

SECTION 4. The Board of Supervisors is requested to issue instructions to the County election department to take any and all steps necessary, with the exception of candidate filing services, for the holding of the consolidated election.

SECTION 5. The City of Malibu recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

SECTION 6. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the election department of the County of Los Angeles.

SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Attachment 2
5 Resolution No. 24-27

_____________________
PASSED, APPROVED, and ADOPTED this 10th day of June 2024. _____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
6 RESOLUTION NO. 16-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE

PERTAINING TO CANDIDATES STATEMENTS SUBMITTED OT THE VOTES AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2016 AND REPEALfNG RESOLUTION NO. 11-48
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Elections Code Section 13307 provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement.

SECTION 2. GENERAL PROVISIONS.

Pursuant to Elections Code Section 13307, each candidate for elective office to be voted for at an Election to be held in the City ofMalibu on November 8, 2016, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed electronic form in the office ofthe City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. ofthe next working day after the close of the nomination period.

SECTION 3. FOREIGN LANGUAGE POLICY.

A. Pursuant to the Federal Voting Rights Act, candidate’s statements will be translated into all languages required by the County of Los Angeles. The County is required to translate candidate’s statements into the following languages: Chinese, Hindi, Japanese, Cambodian!Khmer, Korean, Spanish, Tagalog/Filipino, and Vietnamese.

B. The County will mail separate sample ballots and candidates statements to only those voters who are on the county voter file as having requested a sample ballot in a particular language.

The County will make the sample ballots and candidates statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office.

SECTION 4. PAYMENT.

A. Translations:

1. The candidate shall be required to pay for the cost oftranslating the candidate’s statement into any required foreign language as specified in Section 3 .A. pursuant to Federal and\or State law.

2. The candidate shall be required to pay for the cost oftranslating the candidate’s statement into any foreign language that is not required as specified in Section 3.B., pursuant to Federal and\or State law, but is requested as an option by the candidate. Attachment 4 7 Resolution No. 16-24

B. Printing:

1. The candidate shall be required to pay for the cost ofprinting the candidate’s statement in English in the main voter pamphlet.

2. The candidate shall be required to pay for the cost ofprinting the candidates statement in a foreign language required in Section 3.A., in the main voter pamphlet.

3. The candidate shall be required to pay for the cost ofprinting the candidate’s statement in a foreign language requested by the candidate per Section 3.B. above, in the main voter pamphlet.

4. The candidate shall be required to pay for the cost ofprinting the candidate’s statement in a foreign language required Section 3 .A., in the facsimile voter pamphlet.

The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result ofcomplying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. In the event the estimated payment is required, the estimate is just an approximation ofthe actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance ofthe cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

SECTIONS. MISCELLANEOUS.

A. All translations shall be provided by professionally-certified translators.

B. The City Clerk shall allow bold type, underlining, capitalization, indentations, bullets, and leading hyphens to the same extent and manner as allowed in previous City elections.

C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

D. No candidate will be permitted to include additional materials in the sample ballot package.

SECTION 6. The City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

SECTION 7. Resolution No. 11-48 is hereby repealed.
8 Resolution No. 16-24

SECTION 8. This resolution shall apply at the next ensuing municipal election and at each municipal election after that time.

SECTION 9. The City Clerk shall certif~r to the passage and adoption ofthis resolution and enter it into the book of original resolutions.

PASSED, APPROVED and ADOPTED this 13th day of June 2016.

L~AiJRA ROSENTHAL, Mayor
ATTEST:

City dtlerk
I CERTIFY THAT THE FOREGOING RESOLUTION NO. 16-24 was passed and adopted by the City Council of the City of Malibu at the regular meeting thereof held on the 13th day of June 2016 by the following vote:

AYES: 5
NOES: 0
ABSTAIN: 0
ABSFNf: 0
Councilmembers: House, Peak, Sibert, La Monte, Rosenthal Or~ ~L~

LISA POPE,
(seal)
APPROVED AS TO FORM:
~-

I / - - -
CHRISTI HOGIN, City Attorney
LISA POPE, Ci~ytlerk
(sea!)
9 ATTACHMENT 4
Important Dates
July 15, 2024 First Day of period for Nomination Papers August 9, 2024 Last Day to Call Election for Ballot Measures August 9, 2024 Last day to file Nomination Papers1
August 15, 2024 Secretary of State to determine order of names on ballot August 22, 2024 Last day to cancel election for insufficient candidates September 9 – October 22, 2024 Filing period for Write-in Candidate October 7 – October 29, 2024 Voters may request vote-by-mail ballots2 October 21, 2024 Last day to register to vote3
NOVEMBER 5, 2024 ELECTION DAY
December 9, 2024 Canvass of election results and Council reorganization 1 Date to be extended to August 14, 2024, in the event the incumbent does not file. 2 Vote By Mail ballots will be mailed to all voters who are registered to vote in that election as of the last day on which vote-by-mail ballots may be mailed to voters in connection with that election. 10

Agenda Item # 3.B.12.

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 10, 2024 Meeting date: June 10, 2024 Subject: Amendment to Professional Services Agreement with Granicus RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 1 to Professional Services Agreement with Granicus for certain projects relating to live cast streaming of public meetings, live meeting management, virtual public meeting capabilities, extending the term an additional year and increasing the compensation for services.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement was included in the Adopted Budget for FY 2023-24 and the Proposed Budget for FY 2024-25 in Account No. 100- 7007-5100-00 (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: Granicus provides media management and web streaming of City Council meetings and Planning Commission meetings through the PrimeGov application.

City Council and Planning Commission meetings are live streamed on the internet and remain in the City’s Public Meeting Video Archive (www.malibucity.org/video).

Staff recommends extending the agreement with Granicus for an additional year. The compensation for services reflects a 5% increase in the annual fee.

ATTACHMENTS: Amendment No. 1 to Agreement with Granicus City Council Meeting
06-10-24
Item

3.B.12
1 AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered in the City of Malibu on June 10, 2024, by and between the CITY OF MALIBU, hereinafter referred to as City, and Granicus LLC hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On June 1, 2023, the City entered into an Agreement with Consultant for certain projects relating to the live cast streaming of public meetings, minutes and live meeting management, virtual public meeting capabilities and related services offered by Consultant as described in Scope of Work (the “Agreement”).

B. The City desires to amend the Agreement to extend the term of the agreement and amend the cost schedule.

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

1. Section 2.0 – Term of Agreement, of the Agreement, is hereby extended to June 1, 2025.

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

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

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

This Agreement is executed on ______________________, at Malibu, California, and effective as of June 1, 2024.

CITY OF MALIBU:
____________________________________
STEVE UHRING, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: CONSULTANT:
_____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: [Name]
Title: [Title]
Bernadette Foley
Sr. Manager, Renewals
Attachment 1
2 THIS IS NOT AN INVOICE Order Form
Prepared for
Malibu, CA
Order #: Q-325226
Prepared: 04 Apr 2024

Granicus Budgetary Proposal for Malibu, CA

ORDER DETAILS
Prepared By: Korgbae Freeman
Phone:

Email: [email protected]
Order #: Q-325226
Prepared On: 04 Apr 2024
Expires On: 31 May 2024
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)

Period of Performance: 01 Jun 2024 - 31 May 2025

ORDER TERMS
Current Subscription
End Date: 31 May 2024
3 Order Form
Malibu, CA
Order #: Q-325226
Prepared: 04 Apr 2024

PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.

Renewing Subscription Fees
Solution Billing
Frequency Quantity/Unit Annual Fee
Legacy SKU for Meeting Management Annual 1 Each $15,971.76 SUBTOTAL: $15,971.76
4 Order Form
Malibu, CA
Order #: Q-325226
Prepared: 04 Apr 2024

TERMS & CONDITIONS
• This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing, including any product-specific terms included therein (the “License Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. • If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-325226 dated 04 Apr 2024 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Malibu, CA to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.
• The terms and conditions set forth in the Agreement effective 01 Jun 2022 are incorporated herein by reference. 5

Agenda Item # 3.B.13.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Mark Johnson, Environmental Programs Coordinator Reviewed by: Yolanda Bundy, Environmental Sustainability Director Tracey Rossine, Environmental Programs Manager
Approved by: Steve McClary, City Manager
Date prepared: May 22, 2024 Meeting date: June 10, 2024 Subject: Amendment to Agreement and Amendment to Memorandum of Understanding (MOU) for Implementing the Coordinated Integrated Monitoring Program (CIMP)
RECOMMENDED ACTION: 1) Authorize the Mayor to execute a three-year extension to the Agreement with Tetra Tech, Inc., and to increase the total agreement compensation from $1,838,859 to $3,598,976 to implement the North Santa Monica Bay Coastal Watersheds Coordinated Integrated Monitoring Program (CIMP) and comply with the municipal stormwater permit (Permit); and 2) authorize the Mayor to execute a threeyear extension to the Memorandum of Understanding (MOU) between the City of Malibu, Los Angeles County Flood Control District (District), and the County of Los Angeles (County) for the administration and cost sharing to implement the CIMP.

FISCAL IMPACT: No additional appropriation is required. Funding for this project is included in the Proposed Budget for FY 2024-25 in Account No. 101-3003-5100-02 (Clean Water - CIMP). The District and County agree to pay for their proportional shares of the estimated cost for the implementation and the administration of the CIMP.

STRATEGIC PRIORITY: This item supports day-to-day operations identified in the Strategic Priority Project List.

DISCUSSION: On November 8, 2021, the Los Angeles Regional Water Quality Control Board (RWQCB) adopted a National Pollutant Discharge Elimination System Permit (Permit) under the Federal Clean Water Act for discharges from the Municipal Separate City Council Meeting
06-10-24
Item

3.B.13
1

Agenda Item # 3.B.13.

Storm Sewer System (MS4) within Los Angeles County. The Permit maintains the requirements of the 2012 stormwater permit with several significant changes. Important additions include the incorporation of numerous Total Maximum Daily Loads (TMDLs) for each watershed listed as impaired, increased program tracking, the option to develop a Watershed Management Program (WMP), and increased Monitoring and Reporting Program (MRP) requirements. The WMP describes what programs and activities will be taken to protect water quality. The CIMP is the water quality monitoring program that provides the data to analyze the effectiveness of the programs and activities described in the WMP. Staff determined that in addition to the minimum requirements of the Permit, implementing the WMP was the City’s only feasible option in seeking compliance with the Permit.

The purpose of the MRP is to assess chemical, physical, and biological impacts from the MS4 on receiving waters, assess compliance with receiving water limitations, characterize pollutant loads, identify sources of pollutants, and to evaluate the results to refine control measures for the reduction of pollutant loading to the receiving waters. The MRP requires receiving water monitoring, outfall monitoring, development and redevelopment program effectiveness tracking, regional studies, and reporting to RWQCB.

The Permit allows a CIMP to be developed to address the required TMDL and other MS4 monitoring elements set forth in the MRP. Due to the unique terrain and unconventional drainage system in this region, implementing a CIMP provided the best approach for the City in seeking compliance. The CIMP is a complement to the WMP and addresses the necessary monitoring requirements for the Permit. The primary benefit of a CIMP is the opportunity for the City to pool resources with its partners to conduct a cost-efficient monitoring program on a watershed basis and to assess the effectiveness of water quality projects. The City, District, and County agreed to collaborate on the implementation of the WMP and CIMP for the coastal watersheds of North Santa Monica Bay from Arroyo Sequit through Topanga Canyon, including a portion of Malibu Creek Watershed within the Malibu City boundaries. In 2013, City Council approved the WMP and CIMP which were prepared under a separate agreement and MOU. Both the WMP and CIMP have been approved by the RWQCB.

A cost sharing formula was negotiated for administration and contract costs, which includes a percentage of the contract cost based on land area within the watershed that the City and County each have jurisdiction over, a contract administration fee, a 5% contribution of the total cost from the District, and contingencies. The City will administer the consultant contract. The District and the County will pay an additional contract administration fee of 5% of each agency’s total contribution towards the consultant contract.
2

Agenda Item # 3.B.13.

On June 27, 2016, the City Council approved an MOU with District and County for CIMP cost sharing and a Professional Services Agreement with Tetra Tech, Inc. for monitoring services for the North Santa Monica Bay Coastal Watersheds. On June 24, 2019, the City Council approved an amendment to extend the term of the MOU and Agreement for an additional two years. On March 1, 2021, the City issued a Request for Proposals for water monitoring services for the North Santa Monica Bay Coastal Watersheds.

Subsequently on June 28, 2021, the City Council approved a three-year MOU with the District and County and a three-year Agreement with Tetra Tech for monitoring services.

This Agreement and MOU will expire on June 30, 2024.

Due to the familiarity of this program and the necessity to remain consistent in our water quality data, the City has utilized Tetra Tech since the inception of the Program in 2016.

They have provided well-developed documents and reports that have proven beneficial in keeping the City in compliance with the MS4 Permit. Tetra Tech has consistently worked to accomplish the objectives of the CIMP and comply with the Permit, including project management, stormwater and non-stormwater water monitoring, laboratory analysis, data management, and reporting.

Staff recommends authorizing an amendment to the 2021 Agreement with Tetra Tech Inc. for the North Santa Monica Bay Coastal Watersheds CIMP monitoring and reporting services. Staff also recommends authorizing an amendment to the 2021 MOU with the District and County for the CIMP administration and cost sharing. Both the Agreement and the MOU would be extended by three years for implementing the CIMP.

ATTACHMENTS:

1. Amendment to Agreement with Tetra Tech, Inc.

2. Amendment to Memorandum of Understanding between the City of Malibu, Los Angeles County Flood Control District, and County of Los Angeles 3 AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered in the City of Malibu on this 10th day of June 2024, by and between the CITY OF MALIBU, herein after referred to as City, and Tetra Tech Inc., hereinafter referred to as Consultant.

The City and the Contractor agree as follows:

R E C I T A L S
A. On July 1, 2021, the City entered into an Agreement with Consultant for certain projects relating to implementation of the Coordinated Integrated Monitoring Program (CIMP) for the North Santa Monica Bay Coastal Watersheds and compliance with the municipal national pollutant discharge elimination system stormwater permit (the “Agreement”).

B. The City desires to amend the Agreement to include the Fiscal Year 2024-25, Fiscal Year 2025-26, and Fiscal Year 2026-27 CIMP Cost Schedule, amend the Scope of Work, extend the Term of the Agreement, and Consultant has submitted a proposal for this purpose that is acceptable to the City.

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

1. Section 1.0 - Scope of the Consultant Services, is hereby amended Exhibit A Scope of Work to add Malibu Creek and Lagoon Nutrient and Sediment TMDL to Task 4 – TMDL Compliance Monitoring, and remove Task 11 Regional Phase I Municipal Separate optional task.

2. Section 2.0 – Term of Agreement, is hereby amended to expire on June 30, 2027.

3. Section 4.0 – Compensation for Services, is hereby amended to include the Fiscal Year 2024-2025, Fiscal Year 2025-2026, and Fiscal Year 2026-2027 Cost Schedule (Exhibit B).

4. Exhibit A Scope of Work is hereby amended to include the Approved November 2023 Coordinated Integrated Monitoring Program.

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

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

This Agreement is executed on _____________________, 2024, at Malibu, California, and effective as of July 1, 2024.

CITY OF MALIBU
____________________________________
Steve Uhring, Mayor
ATTEST:
____________________________________
Kelsey Pettjohn, City Clerk
(seal)
Attachment 1
4 2
APPROVED AS TO FORM: CONTRACTOR
_____________________________________ ____________________________________ Interim Trevor Russin, City Attorney By: Ike Pace
Title: Director
Tetra Tech, Inc.
5 City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org Recycled Paper
Scope of Work
(Exhibit A)
The Coordinated Integrated Monitoring Program (CIMP) provides the approach and major elements of the monitoring plan for the CIMP MS4 Stakeholders within the North Santa Monica Bay Coastal Watersheds (NSMBCW Group). The following tasks and deliverables are provided as a guide to accomplish the objectives. In the case of a conflict between MS4 Permit requirements and Approved CIMP requirements, the Approved CIMP shall prevail. Details for deliverables are included in the CIMP Scope of Work for the North Santa Monica Bay Coastal Watersheds (Attachments A-F).

TASK 1 – PROJECT MANAGEMENT, COORDINATION, AND MEETING
The consultant shall provide project management services to ensure that all deliverables are provided on schedule and within budget. The consultant shall:
• Provide a project schedule to complete all tasks in this Scope of Work to the NSMBCW Group for approval. This schedule shall be updated and provided to the NSMBCW Group every other month (bi-monthly).
• Schedule and prepare agenda and summary notes for monthly teleconference or videoconference meetings with the NSMBCW Group. Consultant may assume that 15 teleconference or videoconference meetings (1-2 hours each) will occur. • Attend and participate in meetings with Regional Board staff as needed. Consultant may assume that three meetings will occur.
• Perform project management duties including establishment and maintenance of a document sharing internet site for materials related to this scope of work, coordinating with City Project Manager, and providing monthly invoices including the budget expended, remaining budget, an explanation of the work completed, and percent complete.

Deliverables for Task 1
• Bi-monthly updated project schedule.
• Agendas and summary notes for each meeting with the NSMBCW Group. • Materials for participation in meetings with Regional Board and summary meeting notes.

TASK 2 – STORMWATER OUTFALL MONITORING
The MS4 permit requires that the Permittees implement a stormwater outfall monitoring program during wet weather conditions. The objectives of the stormwater outfall based monitoring program include:
6 2 Recycled Paper
• Assess the quality of a Permittee’s discharge relative to municipal action levels (MAL) • Assess whether a Permittee’s discharge is in compliance with applicable stormwater water quality based effluent limitations (WQBEL) derived from TMDL waste load allocations (WLA)
• Assess whether discharge from an outfall causes or contributes to an exceedance of receiving water limitations.

The Stormwater Outfall Monitoring program developed to comply with these requirements is described in Section 3 of the CIMP. The constituents and the frequencies each site shall be monitored at are listed in Sections 3.1 and 3.2, and Table 13 of the CIMP, respectively. The Consultant shall be prepared to collect samples and analyze water quality according to that program.

The Consultant shall collect and analyze stormwater data for three (3) wet weather events (concurrent with wet weather Receiving Water Monitoring events) including the first qualifying rain event of the wet season each monitoring year at the two stormwater outfalls designated in Table 11 and Appendix C of the CIMP, and Figure 2 of this scope of work. The wet season is October 1 to April 15. The wet season may be extended beyond April 15 in dry years to accommodate meeting the requirements of three (3) storms that meet the CIMP requirements. The Consultant is expected to be prepared for wet weather monitoring at the receiving water and outfall sites for any qualifying storm starting October 1, 2024.

The Consultant will be responsible for quality control and quality assurance of sampling procedures as required by the NSMBCW CIMP. This includes preparation of sampling sites and equipment, calibration of field meters, bottle preparation, label preparation to successfully complete all samples (including blanks and duplicates), in‐situ field measurements, field observation logs, chains of custody, or other tasks as specified in the CIMP.

Sampling includes the following conditions:

1. The first qualifying storm event is a rain event of at least 0.50 inch of a rainfall accumulation within 24 hours is forecast with at least a 70 percent probability.

2. The first qualifying rain event of each storm year must be sampled.

3. Subsequent qualifying wet weather events will target storm events that forecast sufficient rainfall and runoff to meet program objectives.

4. Sampling events shall be separated by a minimum of three days of dry conditions with <0.1 inches of rain.

5. The County rain gauge specified for monitoring rainfall accumulation must be used unless an alternate is proposed and approved. It is found in section 2.2 of the CIMP.

Because a significant storm event is based on predicted rainfall, it is recognized that this monitoring may be triggered without 0.50 inches of rainfall actually occurring. In this case, the monitoring event will still qualify as meeting this requirement provided that sufficient sample volume is collected to do all required laboratory analysis. Provide documentation showing the predicted rainfall amount.

Notify the City of Malibu, County, and LACFCD by email 72 hours prior to and upon activation of the sampling team. The notification shall contain, but is not limited to:
7 3 Recycled Paper
• Anticipated start time and date of the storm event, anticipated highest total amount of rain during any given 24‐hour period during the storm, probability of the precipitation, and source of the weather information
• Confirmation that the laboratory has been notified to expect samples • Any planned deviations from the established monitoring plan • Name and cell phone number of Consultant's storm event coordinator • Confirmation that the equipment has been tested, calibrated, and verified that is properly functioning for monitoring
Notify City of Malibu, County, and LACFCD when storm activation, deactivation, or sample delivery to the lab has been completed. At the conclusion of monitoring event, submit a follow-up e-mail summarizing successes and/or issues with corresponding causes/justifications and recommendations.

Consultant will not be compensated for false starts; must provide corresponding hydrographs and time of sampling event for each to help assess how representative the sample is; and provide quality assurance and quality control review of the data received from the laboratory analysis.

The Consultant shall provide as-needed maintenance services (i.e., troubleshooting, repairs, etc) for the project’s monitoring equipment and separate task for buying or replacing equipment or parts.

Deliverables for Task 2
• E-mail notifications with the information requested above. • Electronic copies of post‐event sampling data and monitoring reports in the format specified in the CIMP within 30 calendar days of each event.
• Submittal of the annual and semi-annual monitoring reports per the Reporting section of this SOW conforming to the requirements of the 2021 MS4 permit and approved CIMP. This deliverable shall also include and consider relevant monitoring data collected as part of other compliance monitoring programs and prior to commencement of the Consultant’s contract.

TASK 3 – RECEIVING WATER MONITORING
MS4 receiving water monitoring must be conducted during wet and dry weather at the sampling sites in the NSMB Coastal Watersheds to characterize levels of pollutants in surface waters. The permit requires that the Permittees conduct receiving water monitoring at:
• Receiving water monitoring sites representative of the impacts from MS4 discharges • TMDL Receiving Water Monitoring Sites based on locations designated in Regional Water Board Executive Officer approved TMDL Monitoring Plans1 1 Sites refers to those that fall within the geographic bounds of the NSMBCW EWMP area. Sampling for that task is discussed in the TMDL Compliance Monitoring section of this SOW. 8 4 Recycled Paper
• Mass Emission Stations (MES) previously designated2
The objectives of the receiving water monitoring are to:
• Determine whether the receiving water limitations are being achieved; • Assess trends in pollutant concentrations over time, or during specified conditions; and • Determine whether the designated beneficial uses are fully supported as determined by water chemistry, as well as aquatic toxicity and bioassessment monitoring.

The program developed to comply with these requirements and achieve these objectives is outlined in Section 2 of the CIMP. Specific receiving water monitoring requirements and monitoring parameters are found in the CIMP Table 10. The Consultant shall conduct all work according to that program. The wet season is October 1 to April 15. The wet season may be extended beyond April 15 in dry years to accommodate meeting the requirements of three (3) storms. The first storm event will be triggered for mobilization when forecasts predict a 24-hour rainfall depth of at least 0.50 inches at a 70% probability the day before the start of the storm event. For subsequent storm events, wet weather monitoring will target storm events sufficient rainfall and runoff to meet program objectives.

The Consultant is expected to be prepared for receiving water dry weather monitoring for the critical dry month, August 2024, and wet weather monitoring at the receiving water and outfall sites for any qualifying storm starting October 1, 2024.

Automated sampling and flow monitoring equipment was not required or specifically called out in the CIMP but is an option for consideration if such equipment would improve the receiving water monitoring program.

1. The first qualifying storm event is a rain event of at least 0.50 inch of a rainfall accumulation within 24 hours is forecast with at least a seventy 70 percent probability.

2. The first qualifying rain event of each storm year must be sampled.

3. For subsequent storm events, wet weather monitoring will target storm events that forecast sufficient rainfall and runoff to meet program objectives.

4. Sampling events shall be separated by a minimum of three days of dry conditions with <0.1 inches of rain.

5. The County rain gauge specified for monitoring rainfall accumulation must be used unless an alternate is proposed and approved. It is found in section 2.2 of the CIMP.

Collect and analyze water quality samples at the three receiving water sites as outlined in Table 8 of the CIMP and Figure 2 of this scope of work. This includes but is not limited to:
• Two (2) dry- weather sampling events at 3 sites as described in Section 2-2 of the CIMP • Three (3) wet-weather sampling events at 3 sites as described in Section 2-2 of the CIMP 2 The nearest Mass Emission Station is located upstream and outside of the boundaries of the NSMB EWMP group area in Malibu Creek near Malibu Canyon Road south of Piuma Road. It is currently monitored by the Los Angeles County Flood Control District as a part of the Malibu Creek Watershed CIMP. It is not a part of this Scope, but data from that program may be considered as part of preparing reports. 9 5 Recycled Paper
• Constituents with MLs requirements during the first year of implementation at one wet weather and one dry weather event as well as required actions in later years based on year one results per Section 2.3 of the CIMP document
Notify the City of Malibu, County, and LACFCD via email 72 hours prior to and upon activation of the sampling team. The notification shall contain but is not limited to:
• Anticipated start time and date of the sampling event (dry or wet weather). When it is a wetweather event, include anticipated highest total amount of rain during any given 24‐hour period during the storm, probability of the precipitation, and the source of weather information
• Confirmation that the laboratory has been notified to expect samples • Any planned deviations from the established monitoring plan • Name and cell phone number of Consultant's storm event coordinator • Confirmation that the equipment has been tested, calibrated, and verified that is properly functioning for monitoring
Notify City of Malibu, County, and LACFCD, via email or telephone, when storm activation, deactivation, or sample delivery to the lab has been completed.

Consultant will not be compensated for false starts; must provide corresponding hydrographs and time of sampling event for each to help assess how representative the sample is; and provide quality assurance and quality control review of the laboratory analysis data.

Provide as-needed maintenance services (i.e., troubleshooting, repairs, etc) for the project’s monitoring equipment and separate task for buying or replacing equipment or parts.

Deliverables for Task 3
• E-mail notifications with the information requested above • Electronic copies of post‐event sampling data and monitoring reports in the format specified in the CIMP within 30 calendar days of each event.
• Submittal of the annual and semi-annual monitoring reports per the Reporting section of this SOW conforming to the requirements of the 2021 MS4 permit and approved CIMP. This deliverable shall also include and consider relevant monitoring data collected as part of other compliance monitoring programs and prior to commencement of the Consultant’s contract.

TASK 4 – TMDL COMPLIANCE MONITORING
Routine TMDL compliance monitoring within the NSMBCW EWMP Area is conducted in accordance with the SMB Beaches TMDLs Coordinated Shoreline Monitoring Plan (SMB CSMP), City of Los Angeles and County of Los Angeles, 2004), the Malibu Creek and Lagoon Bacteria TMDL Compliance Monitoring Plan (MCW Bacterial TMDL CMP, LACDPW, 2008), the Malibu Creek Trash Monitoring and Reporting Plan (MCW TMRP, LACDPW, 2010), the Santa Monica Bay Watershed Management Area Trash Monitoring and Reporting Plan (SMB TMRP, LACDPW, 2012), 10 6 Recycled Paper
and the updated 2023 NSMBCW CIMP for the Nutrients in the Malibu Creek Watershed TMDL and Malibu Creek and Lagoon TMDL for Sedimentation and Nutrients.

The monitoring sites, parameters, frequencies, and reporting of existing TMDL compliance monitoring programs associated with the Malibu Creek Watershed for sites within the NSMBCW area only will continue as part of implementation of this CIMP and associated reporting. The Consultant is not required to conduct monitoring/collection, analysis, per the SMB CSMP or TMRP at monitoring locations along Santa Monica Bay that are outlined in Table 7 and shown on Figure 3 of the CIMP within the NSMB EWMP Group’s boundary (excluding MCW-1). This work is currently being conducted under separate agreements.

Data collected under these TMDL monitoring programs will be used to:
• Assess if TMDL Receiving Water Limitations are being achieved; • Assess trends in pollutant concentrations over time, or during specified conditions; and • Determine whether the designated beneficial uses are fully supported as determined by water chemistry
To achieve these objectives, the Consultant shall conduct TMDL compliance monitoring at the sites identified in Figure 3 of this scope of work in accordance with the work outlined and parameters identified in Section 2 and Appendix A of the of the CIMP. This includes the following tasks:

The Consultant shall conduct monitoring, analysis, and reporting per the MCW Bacterial TMDL CMP (Attachment B) at monitoring locations within the NSMB EWMP Group’s boundary specified in Figure 3 of this scope of work.
• Weekly sampling on Tuesday as required by the MCW Bacterial TMDL CMP for at least one (1) weekly TMDL Compliance monitoring location.
• Laboratory analysis, compilation of data, and reporting of results.

Conduct monitoring, data analysis, and reporting per the MCW TMRP (Attachment C) at monitoring locations within the NSMB EWMP Group’s boundary specified in Figure 3 • Bimonthly (twice per month) at one compliance monitoring site adjacent to upper Malibu Lagoon
• Prior to critical events at the compliance monitoring site as detailed in the TMRP • Twice annually at one general assessment site adjacent to the west/upcoast bank of Malibu Lagoon just north of the bridge on Pacific Coast Highway • Routine sampling shall be conducted on Tuesdays3
to correspond to bacteria sampling, but
shall not affect sample holding times
• Data compilation, analysis and reporting per the Malibu Creek TRMP, and in the semi-annual and annual reports
4 Alternate sampling days may be approved for routine sampling if program efficiencies and economies of scale are demonstrated.4 Templates can be found online at: www.ceden.org/ceden_datatemplates.shtml and www.sccwrp.org/Data/DataSubmission/SouthernCaliforniaRegionalDataCenter.aspx. 11 7 Recycled Paper
The Consultant shall conduct monitoring, analysis, and reporting per the updated 2023 NSMBCW CIMP for the Nutrients in the Malibu Creek Watershed TMDL and Malibu Creek and Lagoon TMDL for Sedimentation and Nutrients.
• Monthly sampling for nutrients, chlorophyll-a, and field observations as required by the updated 2023 CIMP and as shown in Table 10 of the CIMP
• Annual sampling for benthic monitoring as required by the updated 2023 CIMP and as shown in Table 10 of the CIMP
• Laboratory analysis, compilation of data, and reporting of results.

Notify the City of Malibu, County, and LACFCD via email 72 hours prior to and upon activation of the sampling team for pre-critical condition (major wind and rain) monitoring events per the Malibu Creek TMRP. If prediction of a pre-critical condition happens where 72 hour advanced notice is not possible, the Consultant shall provide earliest possible notification. The notification shall contain but is not limited to:
• Anticipated start time and date of the critical event conditions, characteristics of the anticipated critical conditions, and probability of the event • Any planned deviations from the established monitoring plan • Name and cell phone number of Consultant's pre-critical event coordinator Notify City of Malibu, County, and the LACFCD, via email or telephone, when storm activation, deactivation, or sample delivery to the lab has been completed. The Consultant shall document specifics of the event (total rainfall, wind speed, relevant National Weather Service [NWS] warnings) shall be recorded.

Although the Consultant is not conducting the sampling for TMDL monitoring programs other than specified in this section, the Consultant shall still provide compilation and assessment of the data, and reporting per this scope of work for sampling conducted at TMDL monitoring locations within the NSMB EWMP Group’s boundary in order to meet the objectives stated in this SOW.

Deliverables for Task 4
• E-mail notifications with the information requested above • Electronic copies of post‐event sampling data and monitoring reports in the format specified in the CIMP within 30 calendar days after each event.
• Monthly data summary report to the City of Malibu seven (7) calendar days after the last day of each month for review. The City, County, and FCD will review and provide comments.
• Submit monthly monitoring reports per the MCW Bacterial TMDL CMP. • Submit monthly monitoring summary reports to the City per the MCW TMRP. • Submit the annual and semi-annual reports per the Reporting section of this SOW. This deliverable shall also include and consider relevant monitoring data collected as part of other compliance monitoring programs and prior to commencement of the consultant’s contract, 12 8 Recycled Paper
conforming to the requirements of the 2021 MS4 permit, MCW TMRP, MCW Bacterial TMDL CMP, SMB TMRP, and SMB CSMP.

TASK 5 – LABORATORY ANALYSIS
The Consultant is responsible for selecting a certified laboratory with the ability to perform water quality, sediment, and tissue analyses meeting the detection and reporting limits identified in the CIMP and MS4 Permit.

The Consultant is responsible for the collection, validation, and management of all data produced by the certified lab prior to reporting activities.

Deliverables for Task 5
• Test laboratory certificate of qualifications to meet the approved/modified laboratory detection and reporting limits identified in the NSMBCW CIMP Appendices. • Completed Chain of custody forms submitted with the post‐event sampling data and monitoring reports.

TASK 6 – DATA MANAGEMENT
The Consultant shall gather and integrate data for use in the semi-annual and annual reports.

The Consultant shall meet all data management and requirements as specified by the MS4 permit and the approved CIMP, including gathering and integrating other compliance monitoring and event data conducted outside of this scope.

The Consultant shall maintain copies and provide the NSMB EWMP Group with copies of all field logs and photo‐documentation in accordance with the requirements of MS4 Permit and the approved CIMP. The photo‐documented assessments of site conditions for upstream and downstream of all the monitoring sites shall be submitted in an approved electronic format.

Monitoring and event data shall include data from any TMDL monitoring conducted by other Consultants, storm event details, rainfall volume and intensity, and other tracked information that the Consultant will need to prepare the reports. Although the LACFCD Malibu Creek MES is outside of the NSMBCW EWMP area, that data is useful in assessing contributions from upstream of this area to the shared receiving waters.

The Consultant shall develop and maintain a database application to store all information collected as part of this SOW. The database shall include all required information, attachments, and water quality results. The database shall allow users should be able to perform simple spatial queries on the data and create reports. Data should be managed in a way that all water quality monitoring information for all monitoring locations is accessible to NSMB EWMP Group members. Data should also be accessible for further analysis and reporting within ArcGIS. NSMB EWMP group members may require use of specific data collection and management devices and applications. 13 9 Recycled Paper
Deliverables for Task 6
• Database of all information collected as part of this contract, the format of which must be approved by the NSMBCW EWMP group.
• Submittal of all laboratory results after each monitoring/sampling event in a format consistent with the most recent update of the California Environmental Data Exchange Network (CEDEN) data format and Southern California Municipal Stormwater Monitoring Coalition’s (SMC) Standardized Data Transfer Format (SDTF).4 The City of Malibu will provide comments from the NSMB EWMP Group within 30 calendar days from the receipt of each data file.
• Re‐submittal of the modified data files within 15 calendar days from the receipt of comments.
• A list to the NSMB EWMP Group identifying the additional information tracked or collected by the City, County, and LAFCD that will be needed to prepare the semi-annual and annual reports and assessments in the Reporting section of this scope of work.

TASK 7 – REPORTING
The Consultant will be responsible for reporting requirements outlined in Section 6 of the CIMP and those specified in Section XVII through XIX of the Monitoring and Reporting Program (Los Angeles County MS4 Permit, Attachment E) for the monitoring and reporting period of July 1 through June

30. Primary reporting tasks include annual reports submitted by the Permittees by December 15th of each year. The annual reports include the data collected during monitoring activities, and assessments of compliance activities in relation to data.

The Annual Integrated Monitoring Compliance Report will summarize any exceedances of:
• Wet‐weather outfall stormwater monitoring data
• Wet‐weather receiving water monitoring data
• Non‐Stormwater outfall monitoring data
• Dry weather receiving water data
Additionally, the MRP specifies semi‐annual, electronic submittal of receiving water and outfall monitoring data. Therefore, to fulfill the reporting requirements, the monitoring year will be split accordingly:

Monitoring Data Submission Requirements
Monitoring Period Data Submittal
July 1 through December 31 By June 15th of the following year 4 Templates can be found online at: www.ceden.org/ceden_datatemplates.shtml and www.sccwrp.org/Data/DataSubmission/SouthernCaliforniaRegionalDataCenter.aspx. 14 10 Recycled Paper
January 1 through June 30 By December 15th, included with the Annual Monitoring Report
The annual monitoring reports must include:

1. Monitoring results

2. Certification

3. Summary of sampling events

4. Quality assurance/quality control

5. Summary of exceedances

6. Summary of aquatic toxicity monitoring
Reports shall include a summary of all identified exceedances of all applicable receiving water limitations (RWL), water quality-based effluent limitations (WQBELs), and aquatic toxicity thresholds. The report shall detail achievement of actions and milestones within the reporting year for the NSMBCW EWMP permittees, as well as status of and progress towards future milestones and implementation steps related to multi-year projects and efforts. Reports shall include discussion and assessment of minimum control measures, programs, and projects (implemented or completed) for their impact on the attainment of water quality standards, including consideration of external factors which may influence water quality.

As required by the permit, the consultant shall conduct and report on the adaptive process management as described in IX.E of Order R4-2021-0105 (Los Angeles County MS4 Permit).

Reports should also describe any proposed or approved, changes to the monitoring program that the work group has approved.

Deliverables for Task 7
• Draft Semi-Annual Reports to the City by April 1st and October 1st annually. The work group will require 30 calendar days to review and provide comments prior to finalizing the semi-annual report for submission to the Regional Board. This shall begin with October 1, 2024 draft for the January 1, 2024 through June 30, 2024 period. • Draft Annual Report to the City by October 1 of each year. The Annual Report shall address all reporting requirements from the MRP (Attachment E of the MS4 Permit), Sections XII through XV. It shall also incorporate watershed and agency specific reporting requirements based on the Annual Reporting. The work group will require 30 calendar days to review and provide comments prior to finalizing the Annual Report. • Incorporate comments received by the workgroup for final review, and provide a Final Annual Report to be submitted by the Permittees to the Regional Board by December 15 of each year.
• Submit the monitoring data per the submission requirements listed above, including the annual monitoring report.
• Prepare and report on the adaptive management process with the Annual Report as required by the Permit.
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OPTIONAL TASKS 9 – 11
All optional tasks require written authorization from the City prior to beginning any work.

TASK 9 – HEALTH AND SAFETY PLAN – requires written authorization The proposed work shall be performed under the existing Health and Safety Plan. The Health and Safety Plan may be updated under written authorization by the City as needed to meet the requirements of California Occupational Health & Safety (Cal-OSHA). The Consultant shall:
• Provide the City of Malibu with a digital copy of an updated Health and Safety Plan (HSP). • Shall comply with any other Federal Occupational Health and Safety Administration requirements, if applicable to the proposed work.
• The HSP shall address site-specific safety concerns at all sites including, but not limited to, permits required confined-space entry safety requirements, vandalism, site accessibility, lane closures, storm drain laterals, and other environmental hazards.

The HSP shall cover all practices related to the work involved, including but not limited to:
• Acceptable entry conditions
• Testing, monitoring, communications and lighting equipment • Barriers and shields
• Ladders
• Retrieval devices
Deliverables for Task 9
• Electronic copy of an updated Health and Safety Plan.

TASK 10 QUALITY ASSURANCE PLAN – requires written authorization The NSMB CIMP currently includes a QAPP. If Authorized the Consultant shall update the document within 30 days of issuance of the NTP if changes to procedures are made that affect the QAPP.

The Consultant shall ensure the Quality Assurance Project Plan (QAPP) includes the following:
• Sampling locations and frequency
• Sample handling and storing procedures
• Laboratories that will be used for the monitoring program • Analytical methods
• Data processing procedures
• Quality assurance/quality control
Deliverables for Optional Task 10
• The Consultant shall submit a revised QAPP within 30 days of issuance of the NTP, if changes are necessary.
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TASK 11 DRY WEATHER OUTFALL MONITORING – requires written authorization Non-stormwater (NSW) Outfall Screening and Monitoring Program The non-stormwater outfall based monitoring plan is described in Section 4 of the CIMP. The objectives of the non-stormwater outfall based monitoring program include:
• Assess compliance with applicable non-stormwater WQBELs derived from TMDL waste load allocations (WLA).
• Assess whether an observed discharge exceeds non-stormwater action levels. • Assist in identifying illicit discharges and identify their sources where feasible. • Assess whether a discharge causes or contributes to an exceedance of receiving water limitations.

The NSW Outfall Screening and Monitoring Program is used to identify and address NSW discharges and potential sources of pollutants to receiving waters during dry weather (non-stormwater) conditions. As described in Section 4 of the CIMP, NSW outfall monitoring involves the creation of an outfall inventory, input of that inventory into a geographic information system (GIS) database, and screening of those NSW outfalls to identify any significant discharges. When discharges are identified, additional monitoring to identify the source of discharge, eliminate it where feasible, and determine if it is a source of pollutants is required. The overall process follows. A summary list of major and minor outfalls is included as Attachment D.

Non-Stormwater Outfall Screening for Significant Discharges Monitoring is required to identify if outfalls have significant dry-weather flows present. This has been conducted by the NSMB EWMP Group. Three screening events were conducted in 2015, 2017, and 2019 as required by the permit and the EWMP. No significant persistent flows were observed during these screening events. A Discharge Report which summarizes the screening events will be provided to the selected Consultant. The NSMBCW group may consider additional screening events.

Therefore, the consultant will commence with this program on an as needed basis with source investigation and sampling if significant NSW discharges are observed.

The Consultant shall prepare cost estimates for the completion of monitoring outfalls for significant discharges and be ready to complete the required task upon request as described in Section 4 of the CIMP and as outlined below.

Significant NSW Source Identification and Outfall Monitoring When significant NSW discharges are present, monitoring to identify the source, eliminate the cause (where not exempted or feasible), observe improvements to conditions, and for reporting of results are required. If future significant NSW discharges are observed, the Consultant shall conduct this work.

As previously stated, no significant flows were observed during NSW screenings. However, the Consultant shall prepare cost estimates for the completion of the task of source identification and monitoring significant discharges, and be ready to complete the required tasks as described in Section 4 of the CIMP and as outlined below.

The Consultant shall also review, update, and maintain the GIS database ensuring all required data from ongoing activities remain current and available to the NSMB EWMP Group. 17 13 Recycled Paper
As necessary, the Consultant shall work with the NSMB EWMP Group to identify and develop an updated prioritized list of outfalls exhibiting significant non‐stormwater discharges and a source identification schedule based on Section 4 of the CIMP. The schedule shall ensure that source investigations are initiated for outfalls with newly identified significant non-stormwater discharges within 72 hours of being aware of the discharge. The Consultant shall develop and implement a plan and schedule for conducting the Significant NSW Discharge source identification based on the summary found in the CIMP Section 4.1 and the MS4 Permit.

Significant Non-Stormwater Discharge Monitoring must begin within 90 days of the completion of the source identification. Monitoring shall continue until the flow is satisfactorily resolved or is determined to be comprised of exempt sources, per Section 4.2 of the CIMP.

Monitoring frequency will be two times during the first year following source identification, distributed evenly, during dry weather conditions.

Criteria and constituents to be measured are outlined in Section 4 of the CIMP.

Sampling events are to be coordinated with the dry weather receiving water monitoring events, unless otherwise approved by the City and County.

Deliverables for Task Optional 12
• All necessary permits for access to conduct source identification as described in the Approved CIMP.
• Updated GIS Database of MS4 Outfalls information and discharge data, when applicable. • Summary of source identification results for each outfall. • Post‐Event sampling data and monitoring reports shall be submitted electronically in the format specified in the CIMP within 30 calendar days of each event. • Include the results of the NSW Outfall Monitoring Program in the annual and semi-annual reports submittals per the Reporting Section of this scope of work.

ADDITIONAL REQUIREMENTS
• Attend and participate in local and regional meetings on behalf of the City; including locations other than Consultant’s office and Malibu City Hall as requested by City staff. • Respond within one (1) business day to questions from the City. • Make presentations to City Council, public, and other agencies as requested by City staff. 18 City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org Tetra Tech

Compensation for Services
(Exhibit B)
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. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or designee.

Consulting services shall be provided on a time and materials cost basis and adhere to contractually agreed upon rates. Work will be conducted only upon authorization from the City of Malibu.

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.

Table 1. Individual Cost Breakdown by Task
Task No. Task Description Costs

1.0 Project Management 350,593

1.1 Project Management and Coordination 350,593

2.0 Stormwater Outfall Monitoring 155,384

2.1 2021/22 Season 20,691

2.2 2022/23 Season 20,971

2.3 2023/24 Season 21,931

2.4 2024/25 Season 29,158

2.5 2025/26 Season 30,597

2.6 2026/27 Season 32,036

3.0 Receiving Water Monitoring 352,231

3.1 Wet Weather Receiving Water Monitoring 177,475

3.1.1 2021/22 Season 21,775

3.1.2 2022/23 Season 22,385

3.1.3 2023/24 Season 23,014

3.1.4 2024/25 Season 35,092

3.1.5 2025/26 Season 36,767

3.1.6 2026/27 Season 38,442

3.2 Dry Weather Receiving Water Monitoring 174,756

3.2.1 2021/22 Season 20,895

3.2.2 2022/23 Season 21,479
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Task No. Task Description Costs

3.2.3 2023/24 Season 22,081

3.2.4 2024/25 Season 35,092

3.2.5 2025/26 Season 36,767

3.2.6 2026/27 Season 38,442

4.0 TMDL Compliance Monitoring 617,381

4.1 Bacteria TMDL Monitoring 184,800

4.1.1 2021/22 Season 26,400

4.1.2 2022/23 Season 26,400

4.1.3 2023/24 Season 26,400

4.1.4 2024/25 Season 35,200

4.1.5 2025/26 Season 35,200

4.1.6 2026/27 Season 35,200

4.2 Malibu Creek Trash TMRP 138,600

4.2.1 2021/22 Season 22,000

4.2.2 2022/23 Season 22,000

4.2.3 2023/24 Season 22,000

4.2.4 2024/25 Season 24,200

4.2.5 2025/26 Season 24,200

4.2.6 2026/27 Season 24,200

4.3 Nutrient TMDL Monitoring 174,408

4.3.1 2024/25 Season 56,154

4.3.2 2025/26 Season 58,136

4.3.3 2026/27 Season 60,118

4.4 Benthic Monitoring 119,573

4.4.1 2024/25 Season 39,568

4.4.2 2025/26 Season 39,858

4.4.3 2026/27 Season 40,147

5.0 Dry Weather Outfall Monitoring 35,030

5.1 Non-stormwater (NSW) Outfall Screening and Monitoring Program 35,030

5.1.1 NSW Outfall Screening 17,515

5.1.2 Significant NSW Source Identification and Outfall Monitoring 17,515

6.0 Laboratory Analysis 551,318

6.1 Laboratory Coordination 196,018

6.2 2021/22 Dry Weather 27,500

6.3 2021/22 Wet Weather 33,000

6.4 2022/23 Dry Weather 33,000

6.5 2022/23 Wet Weather 40,700

6.6 2023/24 Dry Weather 38,500
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Task No. Task Description Costs

6.7 2023/24 Wet Weather 47,300

6.8 2024/25 Dry Weather 23,100

6.9 2024/25 Wet Weather 51,700

6.10 2025/26 Dry Weather 4,950

6.11 2025/26 Wet Weather 25,300

6.12 2026/27 Dry Weather 4,950

6.13 2026/27 Wet Weather 25,300

7.0 Data Management 237,804

8.0 Reporting 1,302,788

8.1 Annual Report, December 2021 59,200

8.2 Semi-Annual Report, December 2021 39,752

8.3 Semi-Annual Report, June 2022 39,752

8.4 Annual Report, December 2022 60,052

8.5 Semi-Annual Report, December 2022 40,945

8.6 Semi-Annual Report, June 2023 40,945

8.7 Annual Report, December 2023 61,852

8.8 Semi-Annual Report, December 2023 42,173

8.9 Semi-Annual Report, June 2024 42,173

8.10 Bacteria TMDL Monitoring Reporting 235,386

8.11 Trash TMRP Reporting 178,626

8.12 Annual Report, December 2024 62,367

8.13 Semi-Annual Report, December 2024 42,139

8.14 Semi-Annual Report, June 2025 42,139

8.15 Annual Report, December 2025 65,485

8.16 Semi-Annual Report, December 2025 44,246

8.17 Semi-Annual Report, June 2026 44,246

8.18 Annual Report, December 2026 68,604

8.19 Semi-Annual Report, December 2026 46,353

8.20 Semi-Annual Report, June 2027 46,353

9.0 Health and Safety Plan 14,399

10.0 Quality Assurance Project Plan Update 17,078
Total with Optional Tasks $3,598,976
Table 2. Hourly Rates for Staff Level Classifications
Staff Category Rate $/Hour
Tetra Tech
Principal in Charge (Ike Pace) $375
QA/QC Manager (Gary Wortham) $220
H&S Manager (Rob Rolon) $210
21 Tetra Tech

Project Manager (Tim Tringali) $290
Deputy Project Manager (Lauro Alvarado) $149
Senior Field Scientist (Kateryna Sayenko) $205
Associate Water Resources Specialist (Travis Clark) $190 Associate Water Resources Specialist (Michele Burson) $175 Field Staff Scientist (Norman Ng) $117
Senior Scientist (Betina Papadeas) $170
Senior Scientist (Brent Haas) $195
Water Resources Specialist (Alex Aguirre) $138
Senior Project Administrator (Lisa Monter) $191
Project Administrator (Kitty O’Connell) $122
All rates listed above shall include overhead costs including, but not limited to salaries, benefits, Workers Compensation Insurance, office expenses, mileage and courier service. If staff substitutions are necessary, or if staff is promoted, the original rates listed above will still apply.

Annual Escalation. Standard rates increase per year is limited to the Cost-of-Living Adjustment (COLA) as adopted in the City’s budget. All subcontractors shall adhere to this limit to rates increase.

Non-Billable Administrative Overhead
The Consultant will bill only for time spent performing assigned professional work. All other activities associated with carrying out the contract are not billable, and are therefore considered overhead or administrative functions contained within the hourly rate. Typical examples of non-billable overhead activities are:
• Discussion with staff or applicant about the cost of services or to address billing disputes. • Meetings to discuss work performance, contract or additional services. • Travel time to and from the City of Malibu.
• Preparation of invoices and other administrative clerical services. • Contract administration, such as preparing or discussing contract amendments. • Time spent resolving errors in the event the Consultant is responsible. 22

65273.00001\32091452.1

AMMENDMENT TO THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE COUNTY OF LOS ANGELES, THE LOS ANGELES COUNTY

FLOOD CONTROL DISTRICT, AND THE CITY OF MALIBU

REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING

THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) AND

NECESSARY REPORTS FOR THE NORTH SANTA MONICA BAY COASTAL

WATERSHEDS (NSMBCW)
This Amendment to the Memorandum of Understanding (AMENDMENT), made and entered into as of the date of the last signature set forth below by and between the COUNTY OF LOS ANGELES (COUNTY), a political subdivision of the State of California, the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (LACFCD), a body corporate and politic, and the CITY OF MALIBU (CITY), a municipal corporation.

Collectively, these entities shall be known herein as PARTIES or individually as PARTY.

WITNESSETH
WHEREAS, the Regional Water Quality Control Board, Los Angeles Region (REGIONAL BOARD) adopted National Pollutant Discharge Elimination System Regional Municipal Separate Storm Sewer System Permit Order No. R4-2012-0175 (MS4 Permit) on November 8, 2012; and
WHEREAS, the MS4 Permit became effective on December 28, 2012, and requires that the COUNTY, the LACFCD, and 84 of the 88 cities (excluding Avalon, Long Beach, Palmdale, and Lancaster) within the Los Angeles County, comply with the prescribed elements of the MS4 Permit; and
WHEREAS, the Regional Water Quality Control Board, Los Angeles Region (REGIONAL BOARD) readopted National Pollutant Discharge Elimination System Regional Municipal Separate Storm Sewer System Permit Order No. R4-2021-0105 (MS4 Permit) on July 23, 2021; and
WHEREAS, the MS4 Permit became effective on September 11, 2021, and requires that the COUNTY, the LACFCD, 85 incorporated cities within the coastal watersheds of Los Angeles County, Ventura County Watershed Protection District, County of Ventura, and 10 incorporated cities within Ventura County, comply with the prescribed elements of the MS4 Permit; and
WHEREAS, the MS4 Permit identified the PARTIES as MS4 permittees that are responsible for compliance with the MS4 Permit requirements pertaining to the North Santa Monica Bay Coastal Watershed (NSMBCW) Management Area; and WHEREAS, the NSMBCW group consists of the coastal watersheds within the Santa Monica Bay Beaches Bacteria (SMBBB) TMDL known as Jurisdictional Groups 1 (J1) and 4 (J4), and the portion of Malibu Creek Watershed (SMBBB TMDL Jurisdictional Group 9 [J9]) within the City of Malibu’s jurisdiction: and Attachment 2
23

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WHEREAS, the PARTIES entered into a Memorandum of Understanding on July 1, 2021, regarding the administration and cost sharing for the development of the NSMBCW Watershed Management Program (WMP) and Coordinated Integrated Monitoring Program (CIMP); and
WHEREAS, the NSMBCW CIMP was submitted to the REGIONAL BOARD by the PARTIES on September 4, 2015 and was approved by the REGIONAL BOARD on November 13, 2015; and
WHEREAS, the NSBCW CIMP was updated and submitted to the REGIONAL BOARD by the parties on November 9, 2023 and is awaiting approval by the REGIONAL BOARD; and
WHEREAS, the PARTIES have agreed to collaborate and hire consultants (CONSULTANTS) as set forth in Section 6(a), below, to implement certain requirements of the CIMP and MS4 Permit, which for purposes of this AMENDMENT, also includes the preparation of reports, special studies, and any necessary revisions to the CIMP in compliance with the MS4 Permit; and
WHEREAS, the PARTIES agree that each shall assume full and independent responsibility for ensuring its own compliance with the MS4 Permit despite the collaborative approach of the AMENDMENT.

WHEREAS, the PARTIES have agreed to a cost sharing formula and to share costs in the implementation of certain requirements of the NSMBCW CIMP and MS4 Permit (collectively referred to herein as PROGRAM) as set forth in Exhibit A, which is attached and made part of this AMENDMENT; and
WHEREAS, the PARTIES have determined that hiring CONSULTANTS to implement the PROGRAM will be beneficial to the PARTIES; and WHEREAS, the PARTIES have agreed to contribute funds to CITY, who will act as Project Administrator on their behalf to contract with CONSULTANTS to implement the PROGRAM; and
WHEREAS, the PARTIES collaboratively prepared a Scope of Work and Request for Proposals (RFP) to obtain a CONSULTANTS to assist the PARTIES with implementing the PROGRAM, as specified in the Scope of Work and CONSULTANTS Proposal, which are incorporated into this AMENDMENT by reference; and WHEREAS, the PARTIES have agreed to cooperatively share and fully fund the estimated costs of implementing the PROGRAM, as shown in Table 1 of Exhibit A; based on the cost allocation formula contained in Table 3 of Exhibit A of this AMENDMENT; and WHEREAS, the PARTIES have agreed that the total cost for implementing the PROGRAM shall not exceed $2,519,702 for three years, which includes a five percent (5%) project administration cost paid to the CITY and a ten percent (10%) contingency for the remaining three year term; and
24

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WHEREAS, the CITY will act on behalf of the PARTIES in the administration of the Professional Services Agreement(s) with CONSULTANTS for the implementation of the PROGRAM; and
WHEREAS, the PARTIES have agreed to have their PARTY Representatives identified in Exhibit B and their designees provide technical and project management oversight for the implementation of the PROGRAM and this AMENDMENT; and WHEREAS, the PARTIES entered into a Memorandum of Understanding (MOU) on July 1, 2021, regarding the administration and cost sharing for implementing the CIMP and necessary reports for the NSMBCW and that MOU is set to expire on June 30, 2024, and the parties desire to extend the term of the MOU for an additional three years. All substantive terms are restated (with some amendments below) and it is the parties’ intent that this Amendment controls for the extended term; and WHEREAS, the other entities subject to their own NPDES Permit and/or named as responsible agencies in a Total Maximum Daily Load (TMDL) may participate in applicable potions of the PROGRAM by amendment to the MOU, with the concurrence of the PARTIES; and
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this AMENDMENT, the PARTIES agree as follows:

Section 1. Recitals. The recitals set forth above are incorporated into this AMENDMENT.

Section 2. Purpose. The purpose of this AMENDMENT is to cooperatively fund the implementation of certain requirements of the CIMP and MS4 Permit PROGRAM for the Santa Monica Bay Coastal Watersheds area, and to coordinate the payment and performance of the CONSULTANTS’ services for the Program.

Section 3. Cooperation.
a. The PARTIES shall fully cooperate with one another to attain the purposes of this AMENDMENT.
b. The PARTIES agree that substantiated costs incurred by the CITY OF MALIBU for implementing the PROGRAM until execution of the AMENDMENT shall be costshared by the PARTIES as set forth in the 2021 MOU.

Section 4. Voluntary. This AMENDMENT is voluntarily entered into for the implementation of certain requirements of the CIMP and MS4 Permit.

Section 5. Term. This AMENDMENT shall become effective on the first date of execution by a PARTY or July 1, 2024, whichever is sooner, and shall remain in effect for three years until June 30, 2027. The term of this AMENDMENT is an extension as recognized in the executed Memorandum of Understanding dated September 27, 2021.

Section 6. City of Malibu’s Responsibilities. The CITY agrees:
25

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a. Consultant Services. To facilitate the PARTIES’ selection of CONSULTANTS for implementation of the PROGRAM, and to administer the professional services agreement(s) with the CONSULTANTS in accordance with the Scope of Work and Proposal, and any subsequent changes to the PROGRAM as agreed upon by the PARTIES and approved by the REGIONAL BOARD. Such professional services agreement(s) include, but are not limited to, preparation of reports, additional watershed-wide special studies, monitoring with other watershed groups, conducting necessary special studies, preparing grant applications, any necessary revisions to the CIMP, and/or conducting other collaborative activities for the purpose of complying with the MS4 Permit. The CITY will be compensated for the administration of the PROGRAM and professional services agreement with the CONSULTANTS at a rate of five percent (5%) of each PARTY’S cost as described in Table 1 of Exhibit A.
b. LACFCD Facilities. To assist the CONSULTANTS in obtaining any necessary permits from LACFCD for access to and construction within LACFCD storm drains, channels, catch basins, and similar properties (FACILITIES), provided that the CITY or its CONSULTANTS provide written notice 72 hours in advance of entry to LACFCD’s FACILITIES.
c. Report. To facilitate submittal of reports to the REGIONAL BOARD as described in the CIMP and MS4 Permit and distribute copies of the reports to the PARTIES for review and comment prior to submittal to the REGIONAL BOARD. The CITY will provide the PARTIES with an electronic copy of the draft Semi-Annual and Annual Report and completed Reports within seven (7) business days after receipt from the CONSULTANT. In addition, the CITY will submit to the PARTIES the data used to prepare the reports. This data will be transmitted electronically in a format and structure agreed to by the PARTIES.
d. Invoice. To invoice the PARTIES in amounts not exceeding the invoice amounts shown in Table 4 of Exhibit A. The annual payments for the period of July 1 through June 30 will be invoiced in July of that year, except for the first invoice, which will be issued upon the execution of this AMENDMENT by all PARTIES or June 30, 2027, whichever is sooner. At the end of each monitoring year, any unused funds will be rolled over and used towards future years of CIMP implementation.
e. Expenditure. To utilize the funds deposited by the PARTIES only for the administration of the CONSULTANT professional services agreement and the implementation of the PROGRAM, including necessary reports, and/or other cost sharing activities that benefit the NSMBCW. The CITY will provide an accounting of funds expended and remaining at the end of each monitoring year. f. Contingency. The CITY will notify the PARTIES if actual expenditures are anticipated to exceed the cost estimates contained in Table 1 of Exhibit A and obtain written approval of such expenditures from all PARTIES. Upon approval, the PARTIES agree to reimburse CITY for their proportional share of these additional expenditures at an amount not to exceed ten percent (10%) of the original cost estimate as shown in Table 4 of Exhibit A. This ten percent (10%) 26

65273.00001\32091452.1
contingency will not be invoiced, unless actual expenditures exceed the original cost estimate. Expenditures that exceed the ten percent (10%) contingency will require an amendment to this AMENDMENT.
g. Accounting. To provide an accounting upon termination of this AMENDMENT. At the completion of the accounting, the CITY shall return any unused portion of all funds deposited with the CITY within 180 days of said termination in accordance with the cost allocation formula set forth in Exhibit A. Subject to agreement by the CITY, any funds which are to be reimbursed to a PARTY may be reimbursed through credits towards future invoices and agreements, if requested in writing by that PARTY
h. Permit. To make a full-faith effort to work with the CONSULTANT to obtain all necessary permits for installation of permanent infrastructure or modifications to monitoring sites, and subsequent access during monitoring events and maintenance.
i. Payment to Third Parties. The CITY shall have no obligation to pay the CONSULTANTS any funds other than those owed for the CITY’s proportional share as set forth in Table 3 of Exhibit A, and those funds remitted to the CITY following invoice.

Section 7. LACFCD Responsibilities. The LACFCD agrees:
a. Access to LACFCD Facilities. To grant access to the PARTIES and their CONSULTANTS to LACFCD FACILITIES, to achieve the purposes of this AMENDMENT, provided the PARTIES and their CONSULTANTS obtain a permit and provide written notice 72 hours in advance of entry to LACFCD’s FACILITIES. b. LACFCD Data. To provide available data, within reason, managed by the LACFCD needed for assessment of compliance and preparation of reporting for CIMP and MS4 Permit.

Section 8. PARTIES Responsibilities. The PARTIES further agree:
a. Payment. To fund the cost of the implementation of the PROGRAM and to pay the CITY for their proportional share of the estimated cost and administration of the professional services agreement(s) with the CONSULTANTS, not exceeding the invoice amounts as shown in Table 4 of Exhibit A, no later than sixty (60) days after receipt of the invoice from the CITY. The cost estimates presented in Exhibit A have been agreed upon by the PARTIES and are subject to changes in the PROGRAM pursuant to new REGIONAL BOARD requirements and/or unforeseen challenges in the field. Any such changes proposed to the PARTIES’ proportional share, are subject to funding appropriation and will require written agreement of the PARTIES as set forth in Section 11(e).
b. Documentation. To make a full-faith effort to cooperate with one another to achieve the purposes of this AMENDMENT by providing all requested information and documentation in their possession and available for release to the CITY, and 27

65273.00001\32091452.1
its CONSULTANT, that is deemed necessary by the PARTIES to implement the PROGRAM.
c. Implementation. To assist with the preparation of the Annual Report as directly related to the PROGRAM. Any requirements not agreed upon by the PARTIES to be implemented by CONSULTANTS are the responsibility of individual agencies. d. Access. Each PARTY will allow reasonable access and entry to the CITY and its CONSULTANT, on an as needed basis during the term of this AMENDMENT, to each PARTY’S FACILITIES to achieve the purposes of this AMENDMENT, provided, however, that prior to entering any of the PARTIES FACILITIES, the CONSULTANT provide written notice 72 hours in advance of entry from the applicable PARTY.
e. Permit. Each PARTY will make a full-faith effort to work with the PARTIES and their CONSULTANTS to obtain all necessary permits for installation of permanent infrastructure and monitoring equipment, or modifications to the monitoring sites, and subsequent access during monitoring events and maintenance, within each PARTY’s jurisdiction.
f. Additional Participants. The PARTIES agree that if any other entity wishes to participate and cost share any element of the CIMP, an amendment to the MOU will be drafted with the concurrence of the MS4 permittees. g. Additional Studies. The PARTIES agree that additional watershed-wide special studies, monitoring with other watershed groups, conducting necessary special studies, preparing grant applications, any necessary revisions to the CIMP, and/or conducting other collaborative activities for the purpose of complying with the MS4 Permit may be funded by the PARTIES subject to the terms of this AMENDMENT, provided that there are available excess contract funds or contingency funds available to fund these activities. Prior to the performance of any such activities, all PARTIES must provide written approval of the activities and a revised Exhibit A showing which PARTIES will be funding the activities and in what amounts.

Section 9. Indemnification.
a. Each PARTY shall indemnify, defend, and hold harmless each other PARTY, including its special districts, elected and appointed officers, employees, agents, attorneys, and designated volunteers from and against any and all liability, including, but not limited to demands, claims, actions, fees, costs, and expenses (including reasonable attorney's and expert witness fees), arising from or connected with, and in relative proportion to, its own negligence or willful misconduct under this AMENDMENT; provided, however, that no PARTY shall indemnify another PARTY for said other' PARTY's own negligence or willful misconduct.
b. If any of PARTY pays in excess of its pro rata share in satisfaction of any liability arising out of the implementation of this CIMP MOU, such PARTY shall be entitled to contribution from each of the other PARTIES; provided, however, that the right of contribution is limited to the amount paid in excess of the PARTY 's pro rata 28

65273.00001\32091452.1
share and provided further that no PARTY may be compelled to make contribution beyond its own pro rata share of the entire liability; and provided that no PARTY shall indemnify another PARTY for that PARTY 's own negligence or willful misconduct.
c. The PARTIES agree that any liability borne by or imposed upon any PARTY or PARTIES hereto as a result of this AMENDMENT that is not caused by or attributable to the negligence or willful misconduct of any PARTY shall be fully borne by all the PARTIES in accordance with their pro rata cost share, as set forth in this CIMP MOU.
d. To the maximum extent permitted by law, the CITY shall require the CONSULTANTS retained pursuant to this AMENDMENT to agree to indemnify, defend, and hold harmless each PARTY, its special districts, elected and appointed officers, employees, attorneys, agents, and designated volunteers from and against any and all liability, including, but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert fees), arising from or connected with the CONSULTANT's performance of its agreement with the CITY. In addition, the CITY shall require the CONSULTANTS to carry, maintain, and keep in full force and effect an insurance policy or policies, and each PARTY, its elected and appointed officers, employees, attorneys, agents and designated volunteers shall be named as additional insureds on the policy(ies) with respect to liabilities arising out of the CONSULTANT's work. These requirements will also apply to any subcontractors hired by the CONSULTANTS.

Section 10. Termination and Withdrawal.
a. Termination. This AMENDMENT may be terminated upon the express written agreement of all PARTIES. Completed work shall be owned by the PARTY or PARTIES who fund the completion of such work. Rights to uncompleted work by the CONSULTANTS still under contract will be held by the PARTY of PARTIES who fund the completion of such work.
b. Withdrawal. If a PARTY wishes to withdraw from this AMENDMENT for any reason, that party must give the other PARTIES and the REGIONAL BOARD prior written notice thereof. The withdrawing PARTY shall be responsible for its share of the agreed upon implementation costs of the PROGRAM through the end of the current fiscal year (July 1 through June 30), including costs for reporting of data and results during the monitoring year which said PARTY withdraws. Moreover, unless the withdrawing PARTY provides written notice of withdrawal to the other PARTIES by December 15th, the withdrawing PARTY shall also be responsible for its share of the implementation costs of the PROGRAM through the end of the following monitoring year (e.g., if a PARTY withdraws on December 16, 2024, said PARTY is responsible for its share of costs for both monitoring year 2025-2026 and monitoring year 2024-2025. If the same PARTY withdraws on or before December 15, 2014, said PARTY is responsible for costs only for monitoring year 2024-2025, not for monitoring year 2025-2026). Such implementation costs of the CIMP shall include the remaining fees of any Consultant retained by the CITY through the end of the applicable monitoring year(s). The effective date of withdrawal shall be the 60th day after the CITY receives written notice of the 29

65273.00001\32091452.1
PARTY’s intent to withdraw. Should any PARTY withdraw from this AMENDMENT, the remaining PARTIES’ cost share allocation shall be adjusted in accordance with the cost allocation formula in Table 3 of the Exhibit A. Each PARTY shall be responsible for its proportional share of the implementation costs of the PROGRAM incurred through the completion of all requirements of the monitoring year (e.g. completion of the annual report due December 15, 2025, covering monitoring and reporting period from July 1, 2024 to June 30, 2025).

Each PARTY shall also be responsible for the payment of its own fines, penalties and costs incurred as a result of the non-performance of the PROGRAM. c. Delinquent Payments. A PARTY’s payment shall be delinquent if the invoiced amount is not received by the CITY within 60 days of the invoice date. The following Notice of Delinquency procedures may be implemented by the CITY to attain payments from the delinquent PARTY: 1) verbally contact the representative of the PARTY; and 2) submit a formal letter to the Delinquent PARTY OR PARTIES from the CITY’s legal counsel. If the PARTY or PARTIES remain delinquent after the above Notice of Delinquency procedures have been followed and after 90 days after being invoiced, then the CITY shall notify the non-delinquent PARTIES and may notify the Regional Board that the delinquent PARTY OR PARTIES are no longer a participating member of the CIMP, and said PARTY or PARTIES shall then be deemed to have terminated its participation as a PARTY to this AMENDMENT (“EXCLUDED PARTY”) and their name(s) may be removed from the CIMP and all reports required as part of the CIMP. Any EXCLUDED PARTY’S delinquent amount(s) will be paid in accordance with the remaining PARTIES prorata share pursuant to Table 3 of Exhibit A, as adjusted to remove the EXCLUDED PARTY from the allocation. The CITY will revise Exhibit A to show the recalculated costs for each remaining participating PARTY; these revised exhibits will be included with the next invoice.
d. Suspension of CONSULTANTS’ Work. The CITY may unilaterally suspend or modify the Scope of Work being performed by any CONSULTANT retained by the CITY for implementation of the PROGRAM if any PARTY has not paid its invoice within 90 days of receipt unless the non-delinquent PARTIES pay the delinquent PARTY’s costs.
e. Remaining Funds or Invoices Due at Termination. If this AMENDMENT is mutually terminated by all PARTIES, and invoice payments are due then all PARTIES must agree on the equitable payment of invoices due at the time of termination. Funds remaining in the possession of the CITY at the end the term of this AMENDMENT, or at the termination of this Agreement, whichever occurs earlier, shall be returned to the then remaining non-delinquent and non-excluded PARTIES within 180 days of said termination in accordance with the cost allocation formula in Table 3 of Exhibit A. Subject to agreement by the CITY, any funds which are to be reimbursed to a PARTY may be reimbursed through credits towards future invoices and agreements, if requested in writing by that PARTY. f. If a PARTY fails to comply with any of the terms or conditions of this AMENDMENT, then that PARTY shall forfeit its rights to work completed through this AMENDMENT, but no such forfeiture shall occur unless and until the defaulting 30

65273.00001\32091452.1
PARTY has first been given notice of its default and a reasonable opportunity to cure the alleged default.

Section 11. General Provisions.
a. Notices. Any notices, bills, invoices, or reports relating to this AMENDMENT, and any request, demand, statement, or other communication required or permitted hereunder shall be in writing and shall be delivered to the primary representatives of the PARTIES at the addresses set forth in Exhibit B attached hereto and incorporated herein by reference. The PARTIES shall promptly notify each other of any change of contact information, including personnel changes, provided in Exhibit B within 30 days of such change. Written notice shall include notice delivered via e-mail, or other method agreed by the PARTIES. A notice shall be deemed to have been received on (a) the date of delivery, if delivered by hand during regular business hours, or by confirmed e-mail; or (b) on the third (3) business day following mailing by registered or certified mail (return receipt requested) to the addresses set forth in Exhibit B.
b. Administration. For the purposes of this AMENDMENT, the PARTIES hereby designate as their respective PARTY representatives the persons named in Exhibit B. The designated PARTY representatives, or their respective designees, shall administer the terms and conditions of this AMENDMENT on behalf of their respective PARTY. Each of the persons signing below on behalf of a PARTY represents and warrants that he or she is authorized to sign this AMENDMENT on behalf of such PARTY.
c. Relationship of the PARTIES. The PARTIES are, and shall remain at all times as to each other, wholly independent entities. No PARTY to this AMENDMENT shall have power to incur any debt, obligation, or liability on behalf of any other PARTY unless expressly provided to the contrary by this AMENDMENT. No employee, agent, or officer of a PARTY shall be deemed for any purpose whatsoever to be an agent, employee, or officer of another PARTY.
d. Binding Effect. This AMENDMENT shall be binding upon, and shall be to the benefit of the respective successors, heirs, and assigns of each PARTY; provided, however, no PARTY may assign its respective rights or obligations under this AMENDMENT without the prior written consent of the other PARTIES. e. Amendment. The terms and provisions of this AMENDMENT may not be amended, modified, or waived, except by an instrument in writing signed by all non-delinquent PARTIES. For purposes of this subsection, a PARTY shall be considered a DELINQUENT PARTY if that PARTY fails to timely pay an invoice as required by Sections 8(a) or withdraws pursuant to Section 10(b). f. Law to Govern. This AMENDMENT is governed by, interpreted under, construed and enforced in accordance with the laws of the State of California. g. No Presumption in Drafting. The PARTIES to this Agreement agree that the general rule that an Agreement is to be interpreted against the PARTY drafting it or causing it to be prepared shall not apply.
31

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h. Severability. If any provision of this AMENDMENT shall be determined by any court to be invalid, illegal, or unenforceable to any extent, then the remainder of this AMENDMENT shall not be affected, and this AMENDMENT shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in this AMENDMENT.
i. Entire Agreement. This AMENDMENT constitutes the entire agreement of the PARTIES with respect to the subject matter hereof.
j. Waiver. Waiver by any PARTY to this AMENDMENT of any term, condition, or covenant of this AMENDMENT shall not constitute a waiver of any other term, condition, or covenant. Waiver by any PARTY to any breach of the provisions of this AMENDMENT shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this AMENDMENT. k. Counterparts. This AMENDMENT may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute one and the same instrument, provided, however, that such counterparts shall have been delivered to all PARTIES to this AMENDMENT. l. Counsel Representation. All PARTIES have been represented by counsel in the preparation and negotiation of this AMENDMENT. Accordingly, this AMENDMENT shall be construed according to its fair language. Any ambiguities shall be resolved in a collaborative manner by the PARTIES and shall be rectified by amending this AMENDMENT as described in Section 11(e).

IN WITNESS WHEREOF, the PARTIES hereto have caused this AMENDMENT to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES:
//
//
//
//
32

65273.00001\32091452.1

COUNTY OF LOS ANGELES
By
Mark Pestrella, Director of Public Works Date
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By
Deputy Date
33

65273.00001\32091452.1

LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
By
Mark Pestrella, Director of Public Works Date
APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel
By
Deputy Date
34

65273.00001\32091452.1

CITY OF MALIBU
By
Steve Uhring, Mayor Date
ATTEST:

By
Trevor Rusin, Interim City Attorney Date
APPROVED AS TO FORM:

By _________________________
Kelsey Pettijohn
City Clerk
35 Exhibit A
North Santa Monica Bay Coastal Watershed CIMP
Cost Tables

65273.00001\32091452.1
The total cost shall be $2,519,702 unless agreed upon and amended by the PARTIES.

The professional services agreement with the CONSULTANT, and any amendments or change orders thereto, is hereby incorporated by reference.

Cost Contributors:

COUNTY participates separately in the Santa Monica Bay Trash Monitoring and Reporting Program (TMRP) and is not participating in the Malibu Creek TMRP. The cost of monitoring services for the Malibu Creek TMRP is to be paid by the City. The LACFCD will contribute five percent (5%) of the total project cost minus the costs of the Malibu Creek TMRP. The remaining balance will be distributed based on the percent of the combined land area for which each PARTY is responsible.

Table 1. Estimated Consultant Costs
Deliverables
2024-25
Estimated
Cost
2026-27
Estimated Costs
2027-28
Estimated
Costs
3 Year
Estimated
Costs
Monitoring and Reporting
Cost $698,930 $698,930 $698,930 $2,096,790
Project Administration (5%) $33,847 $33,847 $33,847 $101,540 Annual Cost $732,777 $732,777 $732,777 $2,198,330
Contingency (10%) $73,278 $73,277.65 $73,277.65 $219,833 Total Contract $839,901 $839,900.65 $839,900.65 $2,519,702 Table 2. Cost with LACFCD Contribution
Item 2024-25 2025-26 2026-27 Total
Permit Monitoring
Subtotal $732,777 $732,777 $732,777 $2,198,330
LACFCD Contribution (5%) $36,638.83 $36,638.83 $36,638.83 $109,916.48 Remaining Cost $696,137.68 $696,137.68 $696,137.68 $2,088,413.03 MOU Cost1
Subtotal $839,901 $839,900.65 $839,900.65 $2,519,702
LACFCD Contribution (5%) $36,638.83 $36,638.83 $36,638.83 $109,916.48 Total Remaining Cost $803,261.83 $803,261.83 $803,261.83 $2,409,785.48

1. 10% contingency will not be invoiced unless actual expenditures exceed the original cost estimate.

Expenditures that exceed the 10% contingency will require an amendment to this MOU. 36 Exhibit A
North Santa Monica Bay Coastal Watershed CIMP
Cost Tables

65273.00001\32091452.1
Table 3. Cost Allocation Formula
Party Acres Precent
Area
Allocated
Costs
Costs + MC
TMRP
Costs
w/Contingency
Monitoring & Reporting Costs
County of Los Angeles 42,462 77% $519,933.01 $519,933.01 $571,926.31 City of Malibu 12,659 23% $155,304.67 $177,304.67 $195,035.13 LACFCD N/A $35,538.83 $35,538.83 $39,092.71
Total $732,776.50 $806,054.15
Table 4. Invoicing Schedule
Party 2024-25 2025-26 2026-2027 3-Year Total Contingency County of Los Angeles $519,933.01 $519,933.01 $519,933.01 $1,559,799.03 $155,979.90 City of Malibu $177,304.67 $177,304.67 $177,304.67 $531,914.00 $53,191.40 LACFCD $35,538.83 $35,538.83 $35,538.83 $106,616.48 $10,661.65 Total $732,776.50 $732,776.50 $732,776.50 $2,198,329.50 $219,832.95 37 EXHIBIT B
North Santa Monica Bay Coastal Watershed CIMP
Responsible Agencies Representatives

65273.00001\32091452.1

1. City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
Primary Representative
Mark Johnson, Environmental Programs Coordinator
E-mail: [email protected]
Phone: (310) 456-2489 x275
Fax: (310) 456-7650
Secondary Representative
Rob DuBoux, Public Works Director
E-mail: [email protected]
Phone: (310) 456-2489 x339
Fax: (310) 317-0950

2. County of Los Angeles
Los Angeles County Public Works
Stormwater Quality Division, 11th Floor
900 South Fremont Avenue
Alhambra, CA 91803-1331
Name, Title
E-mail:

Phone:

Fax:

3. Los Angeles County Flood Control District
Los Angeles County Public Works
Stormwater Quality Division, 11th Floor
900 South Fremont Avenue
Alhambra, CA 91803-1331
Name, Title
E-mail:

Phone:

Fax:
38

Agenda Item # 3.B.14
Council Agenda Report
To: Mayor Uhring and Honorable Members of the City Council Prepared by: Patricia Salazar, Development and Operations Manager Reviewed by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: May 22, 2024 Meeting date: June 10, 2024 Subject: Amendment to Services Agreement with Iris Consulting RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with Iris Consulting (Consultant) to complete the City’s Local Early Action Planning (LEAP) grant projects.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2023-24 and the Proposed Budget for FY 2024- 25, in Account 101-2001-5100 (Planning Professional Services). Reimbursement of services is funded by the Local Early Action Planning (LEAP) grant program.

WORK PLAN: This item supports the Accessory Dwelling Unit (ADU) Ordinance priority identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: The Consultant provides an array of services to the City including the development and management of the City’s proprietary development management application and the recently launched Development Portal. In addition, to providing support services to the Planning, Code Enforcement, Public Works, and the Environmental Sustainability Department, support services are provided to Finance, the City Clerk’s Office, and to the City’s Information Technology team.

In 2020, the City was awarded grant funds from the Local Early Action Planning (LEAP) grant program from the California Department of Housing and Community Development City Council Meeting
06-10-24
Item

3.B.14.
1

Agenda Item # 3.B.14
(HCD)1. The purpose of the grant program is to provide financial support and technical assistance to local governments for the acceleration of housing production as well as the preparation and adoption of planning documents that will accelerate housing production consistent with the Regional Housing Needs Assessment (RHNA).

The City’s LEAP grant proposal focused on the City’s Accessory Dwelling Unit Ordinance. The City proposed to use the grant funds to upgrade the City’s development management application to streamline the development process including an online portal component.

City staff recommends that the grant funds be utilized to obtain reimbursement for work performed by the Consultant to create the Development Portal, and future work on the portal to further streamline the submittal and review of Accessory Dwelling Units. Staff is requesting to amend the Consultant’s agreement to include this scope of work and amend the compensation in the amount of $40,000 with a new not to exceed amount of $625,000.

Staff recommends the Mayor execute the amendment to agreement with Iris Consulting in order to utilize the grant funds provided to the City.

ATTACHMENT: Amendment No. 1 to Agreement with Iris Consulting 1 Additional information regarding the LEAP grant program is available at: https://www.hcd.ca.gov/grantsfunding/active-funding/leap.shtml#getfunding. 2 Attachment 1
AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered in the City of Malibu on June 10, 2024, by and between the CITY OF MALIBU, hereinafter referred to as City, and IRIS Consulting, hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On September 11, 2023, the City Council entered into an Agreement with the Consultant for software development and systems integration (the “Agreement”).

B. The City desires to amend the Agreement to modify the Consultant’s scope of work and compensation to include the City’s Local Early Action Planning (LEAP) grant proposal list of projects, and Consultant has submitted a proposal for this purpose that is acceptable to the City.

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

1. All references to Exhibit A or B shall be amended to refer to Exhibit C.

2. Section 1.0 – Scope of the Consultant’s Services, of the Agreement, is hereby amended as set forth in Exhibit C attached hereto.

3. Section 4.0 – Compensation for Services, of the Agreement, is hereby amended to read as follows:

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 C). The cost of services shall not exceed $625,000. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or designee.

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

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

This Agreement is executed on ______________________, at Malibu, California, and effective as of June 10, 2024.

CITY OF MALIBU:
____________________________________
STEVE UHRING, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
3 Amendment No. 1 to Agreement
IRIS Consulting

_____________________
255-2
APPROVED AS TO FORM: CONSULTANT:
_____________________________________
TREVOR RUSIN, Interim City Attorney By: LORRIE FEINBERG Title: Owner
4 City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org

IRIS Exhibit C

1. Software Development and Systems Integration
Section A. – Scope of Work
The City of Malibu currently utilizes a mixture of custom databases, City hosted software services, and web-based programs to conduct daily City business activities. Consultant shall provide technical support for existing IT applications including, but not limited to:

• Acella for City finance and human resources functions • OnBase by Hyland for document and agenda management
• Custom built Microsoft Access Applications, SQL databases, and Visual Studio.

Net applications for community development review, transient occupancy tax, and alarm permits
• ARC GIS by ESRI
• Civic Plus for web content management
• PrimeGov and YouTube for video broadcast and hosting
• Turbo data Systems Inc. for parking citation administration • Host Compliance for short-term rental administration
• Entrapass by Kantech for building security
• RecPro for community services programming
• An Integrated Wastewater Information Management System custom-built for tracking wastewater permits and related notifications
• Stripe Online Payments
• Microsoft Office 365 Business Online Applications (SharePoint Land Development portal)
• Bluebeam for electronic plan review
• DocuSign for digital signatures
Consultant shall provide technical support for the City’s existing custom-built SQL and access database particularly the City’s specialized applications for community development review, develop integrative tools for all the City’s applications and create statistical reports to support the City’s business activities.

As part of this work, the consultant shall be responsible for performing the following tasks:

• Administering, maintaining, and updating the City’s custom-built applications for transient occupancy tax, alarm permits, environmental programs and community development which includes over 10 different modules
• Configuring upgrades to the City’s custom-built Microsoft Access Applications, SQL databases, and .Net applications to increase operating efficiencies and/or adapt to new requirements
5

IRIS
• Designing and developing new features for the existing custom-built applications as directed
• Developing stored procedures to meet user agreements
• Analyzing users’ business processes and reporting requirements and making process improvements recommendations as requested
• Integrating and maintaining the interface between the City’s custom-built applications and the City’s OnBase program
• Integrating and maintaining the interface between the City’s custom-built applications and the City’s Topaz Signature Pad program • Integrating and maintaining the interface between the city’s custom-built applications and the City’s Accela program
• Developing online forms
• Developing online public portals for the City’s custom-built SQL databases • Providing technical expertise for the implementation of electronic permitting services
• Performing System Administration duties including but not limited to macro creation, document creation, dynamic folders, creating and maintaining import processes, keyword update processes, workflow setup and management, report writing and external application connection
• Read, understand, and write computer code for City’s proprietary database • Attending meetings to discuss assignments, establish workflow, project priorities, and communicate project status
• Maintaining communication and cooperative working relationships with City staff, software providers and outside agencies
• Working onsite at Malibu City Hall as directed
• Responding to data queries within one to two hours upon request • Delivering high level of customer service to all City staff and departments • 24/7 technical support including assessment, diagnosis, documentation, and resolution of issues as needed in case of emergencies
• Providing other systems integration and development work as assigned • In order to perform this work, the selected consultant shall be knowledgeable of the following:
• Municipal government with the emphasis of knowledge in the development application permitting processing and environmental programs • Municipal records management and familiarity with records and workflow processes
• Extensive programming experience in MS Windows environment Microsoft Office, VB, VB.NET, C#, Microsoft SQL Server, T-SQL, Crystal Reports, HTML, XML, and JavaScript in a networked environment using Microsoft servers • Comprehensive knowledge and understanding of computer systems, hardware, and software operations and principles
• Knowledge of fundamental concepts, practices and procedures of application development and documentation
• Software systems administration and systems analysis
• Software system configuration, maintenance, and problem resolution • Principles of relational database maintenance
6

IRIS
• Web development languages and best practices
• Statistical report development
• Providing training to staff and documenting hot the software systems work Regular Office Hours
Consultant to work onsite work as needed and be available to provide phone support between the hours of 7:30 AM - 5:30 PM PST. If the City is unable to connect to a live person during this time, the City shall receive a prompt callback.
24/7 Support
The consultant shall provide 24/7 technical support including assessment, diagnosis, documentation, resolution of issues and individual workstation support for viewing and training as needed in case of emergencies. The consultant shall be notified of emergent issues via phone or email flagged with importance level as high and will receive a prompt response.

Section B. – Compensation
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. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his designee.

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.

Task Cost Estimate for Software Development and Systems Integration The fees listed below are estimates only. The total annual not to exceed amount is $145,500.

Department/Modules Account Agreement
Planning 101-2001-5100.00 $30,000
Building Safety
.
101-2004-5100.00 $70,000
Wastewater Module 101-2010-5100.00 $5,000
Clean Water Programs 101-3003-5100.00 $5,000
City Clerk Document Imaging Services 100-7007-5100.00 $5,500 Public Works 100-3008-5100.00 $15,000
Woolsey Fire Database Module 102-3002-5100.02 $10,000
7

IRIS
Finance 100-7054-5100.00 $5,000
Total Annual Not to Exceed Amount $145,500
Standard Fee Schedule
IRIS Consulting Fee Schedule
Description Fee
Onsite and Remote
Includes all remote work and all onsite visits before 5:30 PM Principal
Assistant
$135.00/Hour
$80.00/Hour
Offsite (Non-Remote)
Includes all offsite (not at City hall) including expert witness work Principal
Assistant
$155.00/Hour
$100.00/Hour
After Hours Onsite
Includes all onsite work after 5:30 pm.

Principal
Assistant
$155.00/Hour
$100.00/Hour
Miscellaneous
Mileage and travel time are not charged to the client, however a minimum charge for onsite work is 2 hours.

N/A
8

IRIS

2. LEAP GRANT
Consultant shall prepare the following deliverables as contained in the City of Malibu’s 2020 Local Early Action Planning (LEAP) proposal. Work shall be completed by September 30, 2024.

Deliverable Estimated Cost
Develop a digital submittal web portal to streamline digital submittal process
$10,000
Develop software upgrades to the Development Database to automate intra- / inter-department workflows
$20,000
Develop an Accessory Dwelling Unit online portal $10,000 Total Estimated Cost $40,000
The Standard Fee Schedule rates shall apply. The estimated cost per deliverable is subject to change and may be authorized by an agent of the City of Malibu.

Funding for these services shall be paid under Planning Professional Services (101-2001- 5100.00) and reimbursed by the City’s LEAP grant funds. 9

Agenda Item # 3.B.15.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Renée Neermann, Finance Manager
Reviewed by: Joseph D. Toney, Assistant City Manager
Approved by: Steve McClary, City Manager
Date prepared: May 30, 2024 Meeting date: June 10, 2024 Subject: Proposition A Funding Exchange
RECOMMENDED ACTION: 1) Adopt Resolution No. 24-28 approving the Assignment Agreement for Proposition A Local Return Fund exchange with the City of West Hollywood for FY 2023-24; and 2) Authorize the City Manager to execute the Assignment Agreement for Prop A Local Return Fund exchange.

FISCAL IMPACT: The City of Malibu receives Proposition A funds from the Los Angeles County Metropolitan Transportation Authority (Metro) every year. Due to the limitations of the use of the funding, the City has accumulated a reserve of funds. The City of West Hollywood has offered to purchase $450,000 of the City of Malibu’s funds for $0.73 cents on the dollar. The City will receive $328,500 that can be used for any General Fund purpose.

DISCUSSION: The City of Malibu receives approximately $300,000 a year from Metro.

These funds can only be used for the benefit of public transit. The City has historically used this funding for Dial-A-Ride services and senior excursions. In FY 2023-24, the City is projected to spend $196,500 for these services. Due to the limitations on the funds, the City has accumulated a reserve. The Ending Fund Balance for FY 2022-23 was $930,857.

The Projected Ending Fund Balance for FY 2023-24 is $1.2 million. The City of West Hollywood has offered to pay $0.73 cents on the dollar for the City’s available funds in the amount of $450,000. This will generate $328,500 of unrestricted funds that can be put into the General Fund for any City General Fund purpose. If the City moves forward with the proposed funding exchange, the Ending Fund Balance for FY 2023-24 is estimated to be $787,478.

City Council Meeting
06-10-24
Item

3.B.15
1

Agenda Item # 3.B.15.

The Administration and Finance (A&F) Subcommittee discussed the exchange of funds on May 2, 2024, and recommended City Council approve the exchange of funds.

Furthermore, the City Council discussed the exchange of funds as part of the FY 2024-25 Proposed Budget Hearing on May 28, 2024, and supported proceeding with the process.

The approval of this resolution will allow the City Manager to complete the sale.

ATTACHMENTS: 1) Resolution No. 24-28
2) Assignment Agreement with the City of West Hollywood for Proposition A Local Return Fund Exchange
2 RESOLUTION NO. 24-28

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

APPROVING THE ASSIGNMENT AGREEMENT FOR PROPOSITION A

LOCAL RETURN FUND EXCHANGE WITH THE CITY OF WEST
HOLLYWOOD FOR FISCAL YEAR 2023-24
The City Council of the City of Malibu does hereby find, order, and resolve as follows:

SECTION 1. Recitals.

A. The City of Malibu receives Proposition A funs from the Los Angeles County Metropolitan Transportation Authority for public transit annually.

B. The City of Malibu desires to exchange $450,000 of its Fiscal Year 2023-24 Proposition A fund reserve for $328,500 which can be placed into the General Fund.

SECTION 2. The City Council hereby approves the Assignment Agreement for Proposition A Local Return Fund Exchange with the City of West Hollywood.

SECTION 3. In accordance with the Assignment Agreement for Proposition A Local Return Fund Exchange with the City of West Hollywood, the City of Malibu will exchange $450,000 of its Fiscal Year 2023-24 Proposition A fund reserve for $328,500 of General Funds.

SECTION 4. The City Manager is authorized and directed to execute any and all documents necessary to complete the exchange of funds on behalf of the City of Malibu.

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

PASSED, APPROVED, and ADOPTED this 10th day of June 2024. _____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
Attachment 1
3 ASSIGNMENT AGREEMENT

PROPOSITION A LOCAL RETURN FUND EXCHANGE
This Assignment Agreement is made and entered into this 10th day of June 2024, by and between the City of West Hollywood (hereinafter referred to as "West Hollywood"), California and the City of Malibu, California with respect to the following facts:

A. West Hollywood provides community shuttles, demand-response services and bus pass and ondemand subsidies to serve seniors, people with disabilities, and the public. Given the grave traffic congestion and parking problems of the city, West Hollywood is committed to reducing auto dependency by providing alternative modes of transportation. Adequate Proposition A Local Return funding for transit services is not available given the limited amount of West Hollywood’s Local Return Allocation.

B. The City of Malibu has an accumulation of uncommitted Proposition A Local Return Funds which could be made available to West Hollywood to assist in providing the services discussed in Section A of this Agreement.

C. West Hollywood is willing to exchange its general funds in the amount indicated in Section 1 below in exchange for the City of Malibu’s uncommitted Proposition A Local Return funds.

D. The City of Malibu is willing to exchange its uncommitted Proposition A Local Return funding in the amount indicated in Section 1 below to West Hollywood, for the purpose identified in Paragraph A above, for West Hollywood’s general funds.

Now, therefore, in consideration of the mutual benefits to be derived by the parties and of the premises herein contained, it is mutually agreed as follows:

1. Exchange. As of June 30, 2023, the City of Malibu maintained a Proposition A Local Return Fund Balance of $930,857 and currently has potential lapsing funds of $252,279.

The City of Malibu agrees to assign a total of $450,000 in uncommitted Proposition A Local Return Funds to West Hollywood in Fiscal Year 2023-24. In return, West Hollywood shall transfer $328,500 of its General Funds to the City of Malibu. The rate of the exchange is $0.73/$1.00.

2. Consideration. The City of Malibu shall assign the agreed upon Proposition A Local Return funds to West Hollywood in one lump sum payment. West Hollywood shall likewise assign the agreed upon general funds to the City of Malibu in one lump sum payment. The payment shall be due and payable upon execution of this Agreement, and upon approval by Los Angeles County Metropolitan Transportation Authority (LACMTA) of West Hollywood’s project description. Each payment shall be based on the exchange rate in accordance with the exchange rate described in Paragraph 1.

3. Term. This Agreement is effective on the date above written and for such time as is necessary for both parties to complete their mutual obligations under this Agreement, to be completed no later than June 30, 2024.

4. Termination. Termination of this Agreement may be made by either party so long as written notice of intent to terminate is given to the other party at least five (5) days prior to the termination date.

Attachment 2
4 5. Notices. Notices shall be given pursuant to this agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows:
a. David Wilson, City Manager
City of West Hollywood
8300 Santa Monica Boulevard
West Hollywood, CA 90069
b. Steve McClary, City Manager
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265

6. Assurances
A. West Hollywood shall use the assigned Proposition A Local Return funds only for the purpose of providing the services discussed in Paragraph A of this Agreement and within the time limits specified in LACMTA’s Proposition A Local Return Program Guidelines.

B. Concurrently with the execution of this Agreement West Hollywood shall provide LACMTA with the Standard Assurances and Understandings Regarding Receipt and Use of Proposition A Funds specified in the Guidelines regarding the use of the assigned Proposition A Local Return funds.

7. This Agreement constitutes the entire understanding between the parties, with respect to the subject matter herein. This Agreement shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties hereto.

IN WITNESS WHEREOF, the parties hereto have caused this Assignment Agreement to be executed by their respective officers, duly authorized, on the day and year above written.

CITY OF WEST HOLLYWOOD CITY OF MALIBU
BY: ________________________ BY: _________________________ Lorena Quijano, Director of Joseph Toney, Assistant City Manager Finance and Technology Services
BY: ________________________ BY: _________________________ David Wilson, City Manager Steve McClary, City Manager
ATTEST: ATTEST:
___________________________ ____________________________ Melissa Crowder, City Clerk Kelsey Pettijohn, City Clerk 5

Agenda Item # 3.B.16
Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Joseph D. Toney, Assistant City Manager
Reviewed by: Renée Neermann, Finance Manager
Approved by: Steve McClary, City Manager
Date prepared: May 30, 2024 Meeting date: June 10, 2024 Subject: Fiscal Year 2023-24 Third Quarter Financial Report RECOMMENDED ACTION: Receive and file the Fiscal Year (FY) 2023-24 Third Quarter Financial Report.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action. As of March 31, 2024, the projected General Fund Undesignated Reserve at June 30, 2024, is $73.37 million.

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 attached report provides revenue, expenditure and fund balance totals for the third quarter of FY 2023-24.

The Revenues by Fund Report (pages A 1-5) reflects General Fund revenues received of $34.3 million or 58.9% of the amended budgeted amount for the fiscal year. Total revenue for all funds received through the third quarter is $42.5 million or 51.1% of the amended budgeted amount for the fiscal year. Many revenue sources are received on a quarterly or annual basis creating a lag in receipt, and as such, will be reflected when the year-end report is presented. For example, property taxes are remitted by the County after they are paid by property owners in December and April; Property Tax – In Lieu payments typically come at the end of the year; and Transient Occupancy Tax – Private Rentals is remitted quarterly. Sales Tax is remitted quarterly to the State and then passed along to the City.

City Council Meeting
06-10-24
Item

3.B.16
1

Agenda Item # 3.B.16
The Expenditure by Fund Report (pages A 6-9) reflects any budget carryovers from FY 2022-23, as well as the appropriations approved by the City Council for the current fiscal year in the Amended Budget column. Budget Adjustments, Carryovers and Council Appropriations total $4.6 million as of March 31, 2024. General Fund expenditures for the third quarter total $31.4 million or 43.3% of the amended budget. Expenditures for all funds total $39.1 million or 40.0% of the amended budget.

Projected Fund Balances for the fiscal year end are reflected on page A-10. The projected Undesignated Fund Balance at June 30, 2024, includes all expenses appropriated as of March 31, 2024 by the Council. The City ended FY 2022-23 with $61.5 million in the Undesignated General Fund Reserve. As of March 31, 2024, the projected General Fund Undesignated Reserve at June 30, 2024, is $73.4 million. In addition, there is $6.5 million in Contingency that is available at the discretion of the Council.

Third Quarter Budget Amendments
The Revenue and Expenditure amendments for this period are corrections and detailed on pages A-5 and A-9 respectively.

The only adjustment for Q3 pertains to Proposition A Local Return (Prop A) funds. The City has Prop A funds that could potentially lapse if we do not use them. This is due to the low level of transportation programming in the City. While the City offers Dial-a-Ride and Community Transportation programming, the estimated year end expenditures from these funds are only about $161,000 in FY 2023-24, with a projected fund balance of $1.24 million. To not lose the Prop A benefit, the City is able to exchange the funds to another city at a discount. Staff have negotiated exchanging the funds at $0.73 on the dollar, and the subsequent sale results in General Fund dollars. The City will exchange about $450,000 from the Prop A Fund Balance and will receive an estimated $328,500 in General Fund in return, a net financial impact of -$121,500, to the Fund Balance on All Funds. This is displayed in the FY 2023-24 Estimated revenue and expenditures and in the Fund Balance at June 30, 2024. The Estimated expenditures are modified in Object 3009-Transportation Services from $161,000 to $611,000, and the revenues are modified from in Object 3602-Proposition A Transportation Funds Exchange.

The FY 2023-24 Third Quarter Financial Report was reviewed by the Administration and Finance Subcommittee on May 30, 2024.

ATTACHMENTS: FY 2022-23 Third Quarter Financial Report
2 REVENUES BY FUND
March 31, 2024
Object Description
2023-24
Adopted
Amended
Budget
Actual thru
03/31/2024
Percentage
Received
2023-24
Estimated
100, 101, 102 & 103 General Fund
3111 Current Year Secured Property Tax $ 15,100,000 $ 15,100,000 $ 8,542,939 56.6% 15,709,000 $ 3112 Current Year Unsecured Property Tax 425,000 425,000 128,423 30.2% 425,000 3113 Homeowner's Exemption 60,000 60,000 30,120 50.2% 60,000 3114 Prior Year Secured Property Tax 1,000 1,000 - 0.0% 1,000 3115 Prior Year Unsecured Property Tax 10,000 10,000 20,638 206.4% 25,000 3118 Property Tax In-Lieu 2,350,000 2,350,000 1,369,005 58.3% 2,350,000 Revenue from Property Taxes 17,946,000 17,946,000 10,091,125 56.2% 18,570,000 3131 Documentary Transfer Tax 1,358,000 1,358,000 551,484 40.6% 1,358,000 3132 Utility User's Tax 2,500,000 2,500,000 1,924,301 77.0% 3,000,000 3133 Transient Occupancy Tax - Hotels and Motels 3,500,000 3,500,000 2,332,789 66.7% 3,700,000 3133-01 Transient Occupancy Tax - Private Rentals 6,000,000 6,000,000 2,649,703 44.2% 5,800,000 3134 Franchise Fees 750,000 750,000 221,624 29.5% 750,000 3137 Sales and Use Tax 8,400,000 8,400,000 5,482,103 65.3% 8,700,000 3138 Parking Occupancy Tax 600,000 600,000 329,169 54.9% 439,000 Revenue From Other Taxes 23,108,000 23,108,000 13,491,173 58.4% 23,747,000 3201 Alarm Permits 30,000 30,000 20,615 68.7% 27,000
3202 Film Permits 450,000 450,000 280,436 62.3% 369,000 3203 Building Permits 1,200,000 1,200,000 942,752 78.6% 1,251,000 3203-01 Code Enforcement - Special Investigations 21,000 21,000 13,236 63.0% 16,000 3204 Wastewater Treatment System Permits 40,000 40,000 34,796 87.0% 45,000 3205 Plumbing Permits 170,000 170,000 152,764 89.9% 201,000 3207 Mechanical Permits 120,000 120,000 132,878 110.7% 176,000 3208 Electrical Permit Fees 280,000 280,000 264,090 94.3% 349,000 3209 Grading/Drainage Permit Fees 90,000 90,000 81,066 90.1% 108,000 3210 Miscellaneous Permits 10,000 10,000 5,776 57.8% 8,000 3418 OWTS Operating Permit Fees 450,000 450,000 319,407 71.0% 422,000 3420 Parking Permits 1,500 1,500 734 48.9% 1,000
3421 Planning Review Fees 1,200,000 1,200,000 966,687 80.6% 1,293,000 Revenue From Licenses and Permits 4,062,500 4,062,500 3,215,237 79.1% 4,266,000 3250 Parking Citation Fines 1,500,000 1,500,000 833,805 55.6% 1,400,000 Revenue From Fines and Forfeitures 1,500,000 1,500,000 833,805 55.6% 1,400,000 3316 Motor Vehicle In-Lieu Fees 15,000 15,000 13,265 88.4% 13,265 3318 Street Sweeping Reimbursements 51,678 51,678 12,920 25.0% 12,920 3313/3341 FEMA/OES Reimbursements 2,164,090 2,164,090 463,448 21.4% 2,164,090 3373 Proposition A Recreation - - 12,010 0.0% 12,010
3383 Measure A Recreation - - - 0.0% -
3381 LA County EWMP Reimbursement - - 26,374 0.0% 26,374 Revenue From Other Governments 2,230,768 2,230,768 528,017 23.7% 2,228,659 3408 Biology Review Fees 235,000 235,000 184,515 78.5% 243,000 3409 Document Retention Fees 20,000 20,000 18,915 94.6% 25,000 3410 Building Plan Check Fees 1,200,000 1,200,000 844,143 70.3% 1,092,000 3410-01 Administrative Plan Check Processing Fee 45,000 45,000 60,165 133.7% 78,000 3410-03 Building Plan Check Fees - Dark Sky 650,000 650,000 0.0% - - 3411 Inspector Plan Check Fees 200,000 200,000 160,676 80.3% 210,000 3412 Geo Soils Engineering Fees 1,000,000 1,000,000 721,053 72.1% 952,000 3413 Other Plan Check Fees 35,000 35,000 40,055 114.4% 53,000 3414 Environmental Health Review Fees 550,000 550,000 411,759 74.9% 543,000 3415 Grading/Drainage Plan Review Fees 5,000 5,000 16,332 326.6% 15,000 3416 Code Enforcement Investigation Fees 80,000 80,000 66,435 83.0% 87,000 3419 Credit Card Fees 95,000 95,000 111,968 117.9% 145,000 3422 OWTS Practitioners Fees 8,000 8,000 13,475 168.4% 17,000 3425 CA Building Standards Surcharge 1,600 1,600 2,499 156.2% 3,000 3426 EIR Review Fees - - 0.0% - -
3427 Technology Enhancement Fee 95,000 95,000 109,845 115.6% 145,000 3431 Public Works/Engineering Fees 375,000 375,000 422,429 112.6% 558,000 3432 WQMP Fees 35,000 35,000 23,370 66.8% 31,000
3433 Banner Hanging Fees - - - 0.0% -
3434-01 Short-Term Rental Permit Fee 150,000 150,000 104,292 69.5% 136,000 3434-02 Short-Term Rental Violation Fines 2,000 2,000 2,300 115.0% 1,500 A1
Attachment 1
3 REVENUES BY FUND
March 31, 2024
Object Description
2023-24
Adopted
Amended
Budget
Actual thru
03/31/2024
Percentage
Received
2023-24
Estimated
General Fund (Continued)
3435 Admin Permit Processing Fees 75,000 75,000 83,541 111.4% 109,000 3436 Electric Vehicle Charger Fees 4,000 4,000 2,752 68.8% 4,000 3441 Sale of Publications and Materials 100 100 28 28.0% 50 3444 Returned Check Service Fees 500 500 280 56.0% 500
3446 Vehicle Impound Release Fees 75,000 75,000 71,556 95.4% 75,000 3447 Election Fees 1,000 1,000 - 0.0% -
3448 Subpoena Fees 1,000 1,000 2,973 297.3% 4,000
3449 False Alarm Service Charge 12,000 12,000 1,680 14.0% 2,000 3450 Residential Decals 1,000 1,000 280 28.0% 500
3461 Municipal Facility Use Fees 80,000 80,000 46,552 58.2% 61,000 3464 Youth Sports Program 67,000 67,000 42,605 63.6% 56,000 3464-01 Girls Youth Sports 7,000 7,000 - 0.0% -
3466 Aquatics Program 220,000 220,000 126,934 57.7% 167,000 3467 Day Camp 75,000 75,000 16,154 21.5% 18,000
3468 Senior Adult Program 30,000 30,000 21,146 70.5% 27,000 3469 Skate Park 50,000 50,000 18,448 36.9% 23,000
3470 Recreation/Community Class Registration 95,000 95,000 56,614 59.6% 70,000 3471/3472 Special Events 7,500 7,500 10,397 138.6% 14,000 Revenue From Service Charges 5,582,700 5,582,700 3,816,166 68.4% 4,965,550 3501 Interest Earnings 2,529,000 2,529,000 963,547 38.1% 3,510,000 3505 City Hall Use Fees 20,000 20,000 10,641 53.2% 13,000 Use of Money and Property 2,549,000 2,549,000 974,188 38.2% 3,523,000 3600 Proceeds from Grants 376,000 - 278,278 74.0% 376,000 3602 Proposition A Transportation Funds Exchange 328,500 - 0.0% 328,500 - 3901 Settlements 2,000 554,467 1,113,735 200.9% 1,113,735 3902 Legal Fees - - 0.0% - -
3904 TOT Private Rental Penalties 25,000 25,000 (470) -1.9% (614) 3905 Miscellaneous Reimbursements 25,000 25,000 (9,214) -36.9% (9,214) 3920 Donations 5,000 5,000 0.0% - -
3940 Sale of Surplus Property 1,000 1,000 362 36.2% 3,950 3930/3943 Miscellaneous Revenue 7,500 7,500 6,289 83.9% 6,289 Miscellaneous Revenue 65,500 1,322,467 1,388,980 105.0% 1,818,646 Total General Fund 57,044,468 58,301,435 34,338,691 58.9% 60,518,855 Special Revenue Funds
201 Gas Tax Fund
3315 Highway User's Fees 309,286 309,286 200,514 64.8% 309,286 3318 Traffic Congestion Relief - - 0.0% - -
3501 Interest Earnings 7,000 7,000 9,591 137.0% 12,788
Total Gas Tax Fund 316,286 316,286 210,105 66.4% 322,074 202 Traffic Safety Fund
3312 Fines & Forfeitures 200,000 200,000 159,431 79.7% 200,000 3501 Interest Earnings 10,000 10,000 29,425 294.3% 39,233 Total Traffic Safety Fund 210,000 210,000 188,856 89.9% 239,233 203 Proposition A Fund
3371 Prop A Funds 308,837 308,837 216,567 70.1% 308,837 3501 Interest Earnings 29,000 29,000 118,713 409.4% 158,284 Total Proposition A Fund 337,837 337,837 335,280 99.2% 467,121 204 Proposition C Fund
3372 Prop C Funds 256,172 256,172 179,693 70.1% 256,172 3501 Interest Earnings 9,000 9,000 43,634 484.8% 58,179 Total Proposition C Fund 265,172 265,172 223,327 84.2% 314,351 205 Measure R Fund
3374 Measure R Funds 192,129 192,129 119,958 62.4% 192,129 3501 Interest Earnings 9,000 9,000 33,047 367.2% 44,063 Total Measure R fund 201,129 201,129 153,005 76.1% 236,192 A2
4 REVENUES BY FUND
March 31, 2024
Object Description
2023-24
Adopted
Amended
Budget
Actual thru
03/31/2024
Percentage
Received
2023-24
Estimated
206 Air Quality Management Fund
3377 AQMD Funds 15,000 15,000 6,952 46.3% 14,000
3501 Interest Earnings 5,000 5,000 17,956 359.1% 23,941 3943 Other Revenue - - - 0.0% -
Total Air Quality Management Fund 20,000 20,000 24,908 124.5% 37,941 207 Solid Waste Management Fund
3311 Solid Waste Management Surcharge 120,000 120,000 32,161 26.8% 120,000 3434 Recycling Fees 17,500 17,500 10,400 59.4% 17,500
3501 Interest Earnings 3,000 3,000 - 0.0% 3,000
3600 Grant Proceeds 5,000 80,000 15,448 19.3% 5,000
Total Solid Waste Management Fund 220,500 145,500 58,009 26.3% 145,500 208 Parkland Development Fund
3135 Parkland Development Fees 20,000 20,000 9,695 48.5% 20,000 3501 Interest Earnings 5,000 5,000 19,560 391.2% 26,080 Total Park Development Fund 25,000 25,000 29,255 117.0% 46,080 209 Quimby Fund
3501 Interest Earnings 100 100 469 469.0% 625
Total Quimby Fund 100 100 469 469.0% 625
211 COPS (Brulte) Grant Fund
3600 Proceeds From Grants (Brulte) 165,000 186,159 186,159 100.0% 186,159 Total COPS (Brulte) Fund 165,000 186,159 186,159 100.0% 186,159 212 Measure M Funds
3375 Measure M Funds 217,746 217,746 135,321 62.1% 217,746 3501 Interest Earnings 16,000 16,000 50,255 314.1% 67,007 Total Measure M Fund 233,746 233,746 185,576 79.4% 284,753 213 Road Maintenance and Rehabilitation Act (RMRA) Fund 3319 SB1 Annual Allocation 265,471 265,471 156,938 59.1% 265,471 3501 Interest Earnings 15,000 15,000 72,657 484.4% 96,876 Total RMRA Fund 280,471 280,471 229,595 81.9% 362,347
214 Art in Public Places Fund
3135 Art in Public Places Fees - - 0.0% - -
3501 Interest Earnings 1,000 1,000 4,373 437.3% 5,831
Total Art in Public Places Fund 1,000 1,000 4,373 437.3% 5,831 215 Community Development Block Grant Fund
3320/3320-01 Proceeds From Grants 66,000 66,000 21,564 32.7% 66,000 3600-01 Proceeds From Grants - Disaster Recovery - - 0.0% - - Total Comm. Dev. Block Grant Fund 66,000 66,000 21,564 32.7% 66,000 218 Measure W - LA County Stormwater Fund
3379 Measure W Annual Allocation 390,000 390,000 389,633 99.9% 390,000 3501 Interest Earnings 30,000 30,000 63,693 212.3% 84,924 Total Measure W - LA County Stormwater 420,000 420,000 453,326 107.9% 474,924 225 Grants Fund
3376 TDA 12,509 12,509 0.0% - -
3600 Proceeds From Grants 12,989,000 12,999,561 176,013 1.4% 6,082,848 Total Grants Fund 13,001,509 13,012,070 176,013 1.4% 6,082,848 290 Big Rock LMD Fund
3116 Big Rock Mesa Assessment 356,470 356,470 219,816 61.7% 356,470 3501 Interest Earnings 3,000 3,000 12,594 419.8% 16,792 Total Big Rock LMD Fund 359,470 359,470 232,410 64.7% 373,262 Special Revenue Funds (Continued)
A3
5 REVENUES BY FUND
March 31, 2024
Object Description
2023-24
Adopted
Amended
Budget
Actual thru
03/31/2024
Percentage
Received
2023-24
Estimated
291 Malibu Road LMD Fund
3116 Malibu Road Assessment 62,356 62,356 36,944 59.2% 62,356 3501 Interest Earnings 3,000 3,000 6,319 210.6% 8,425
Total Malibu Road LMD Fund 65,356 65,356 43,263 66.2% 70,781 292 Calle Del Barco LMD Fund
3116 Calle Del Barco Assessment 87,050 87,050 49,622 57.0% 87,050 3501 Interest Earnings 3,000 3,000 10,867 362.2% 14,489 Total Calle Del Barco LMD Fund 90,050 90,050 60,489 67.2% 101,539 715 Civic Center Water Treatment Facility AD
3501 Interest Earnings 97,000 97,000 470,215 484.8% 563,093 3915 Civic Center Water Treatment Facility AD 2, 2,587,519 587,519 1,297,118 50.1% 2,587,519 Total Civic Ctr Water Treatment Facility AD 2,684,519 2,684,519 1,767,333 65.8% 3,150,612 517 Civic Center Water Treatment Facility - Phase Two
3501 Interest Earnings 49,000 49,000 255,852 522.1% 341,136 3950 CCWTF - Phase Two Construction - Bond Proceeds - - - 0.0% - 2080 CCWTF - Phase Two Contributions - - - 0.0% -
Total Civic Ctr Water Treatment Facility AD 49,000 49,000 255,852 522.1% 341,136 712 Carbon Beach Undergrounding CFD Fund
3915 Carbon Beach Undergrounding Assessment 236,032 236,032 134,346 56.9% 236,032 3501 Interest Earnings 7,000 7,000 18,289 261.3% 28,281 Total Carbon Beach Undergrounding CFD 243,032 243,032 152,635 62.8% 264,313 713 Broad Beach Assessment District
3915 Broad Beach Undergrounding Assessment 141,710 141,710 74,458 52.5% 141,710 3501 Interest Earnings 3,000 3,000 12,080 402.7% 14,829 Total Broad Beach Undergrounding AD 144,710 144,710 86,538 59.8% 156,539 19,324,887 19,431,607 5,078,340 26.1% 13,730,161
500 Legacy Park Project Fund
3501 Interest Earnings 31,000 31,000 107,528 346.9% 143,283 3505 Proceeds from Rent 1,611,534 1,611,534 1,239,664 76.9% 1,611,534 3373 Prop A Recreation - - 0.0% - -
3383 Measure A Recreation - - 0.0% - -
3905 Miscellaneous Revenue 150,000 150,000 28,496 19.0% 150,000 Total Legacy Park Project Fund 1,792,534 1,792,534 1,375,688 76.7% 1,904,817 Total Legacy Park Project Fund 1,792,534 1,792,534 1,375,688 76.7% 1,904,817 515 Civic Center Wastewater Treatment Facility O&M
3501 Interest Earning 32,000 32,000 17,883 55.9% 23,844 3510 Sewer Service Fees 2,300,000 2,300,000 1,036,809 45.1% 2,300,000 3915 Contributions-Property Owners - - 0.0% - -
Total CCWTF O&M 2,332,000 2,332,000 1,054,692 45.2% 2,323,844 Total CCWTF O&M Funds 2,332,000 2,332,000 1,054,692 45.2% 2,323,844 Special Revenue Funds (Continued)
Total Special Revenue Funds
A4
6 REVENUES BY FUND
March 31, 2024
Object Description
2023-24
Adopted
Amended
Budget
Actual thru
03/31/2024
Percentage
Received
2023-24
Estimated
601 Vehicle Fund
3501 Interest Earnings 4,000 4,000 21,930 548.3% 29,240 3951 Vehicle Charges 120,000 120,000 25,600 21.3% 120,000 Total Vehicle Fund 124,000 124,000 47,530 38.3% 149,240 602 Information Technology Fund
3501 Interest Earnings 1,000 1,000 - 0.0% -
3952 Information Technology Charges 1,159,596 1,159,596 579,798 50.0% 1,059,711 Total Information Technology Fund 1,160,596 1,160,596 579,798 50.0% 1,059,711 Total Internal Service Funds 1,284,596 1,284,596 627,328 48.8% 1,208,951 Total Revenue - All Funds $ 81,778,485 $ 83,142,172 $ 42,474,739 51.1% 79,686,628 $ Total 2023-24 Adopted budget: $ 81,778,485
Account Description Amount
100-0000-3901-00 Southern California Edison Settlement Interest Settlement Reimb Budget Adjustment 552,467 211-0000-3600-00 COPS (Brulte) Grant Proceeds Proceeds from Grants Budget Adjustment 21,159 101-0000-3600-00 SCG Grant - Coastal Vulnerability Proceeds from Grants Mid-year Amendment 12/31/2023 50,000 207-0000-3600-00 SB 1383 Local Assistance Grant Proceeds from Grants Mid-year Amendment 12/31/2023 75,000 225-0000-3376-00 CIP 9097 Bluffs Park South Walkway - Grant Funding Transportation Dev Act Mid-year Amendment 12/31/2023 10,561 100-0000-3600-00 SMMC Fire Prevention & Resiliency Grant Proceeds from Grants Council Action 326,000 1/22/2024 100-0000-3602-00 Proposition A Local Return Funds Exchange Budget Adjustment 328,500 5/28/2024 Total Amendments 1,363,687
Total Amendment Budget $ 83,142,172
Internal Service Funds
Reconciliation of adopted to amended budget
A5
7 Adopted Budget Amended
Budget (1)
Actual thru
03/31/2024 % Spent 2023-24 Estimated
General Fund
Management and Administration
7001 City Council 781,012 $ 1,134,112 $ 760,187 $ 67.0% 961,559 $ 7002 Media Operations 785,244 900,744 457,502 50.8% 646,979 7003 City Manager 1,097,382 1,097,382 746,560 68.0% 1,017,500 7005 Legal Counsel 1,078,000 1,078,000 639,089 59.3% 1,070,000 7054 Finance 1,886,629 1,886,629 1,162,866 61.6% 1,462,948 7058 Human Resources 916,637 916,637 454,397 49.6% 672,954 7059 Non Departmental Services 4,187,976 4,187,976 2,246,809 53.6% 2,651,964 103-9050 City Hall 1,290,150 1,290,150 1,960,981 152.0% 1,030,606 9088 Vacant Land 302,675 302,675 852,012 281.5% 297,675 9050/9074/9088 Debt Service (City Hall / Trancas / Vacant Land) 3,184,151 3,184,151 407,475 12.8% 3,209,151 Total Administrative Services 15,509,856 15,978,456 9,687,878 60.6% 13,021,336 City Clerk
7007 City Clerk 605,946 605,946 429,984 71.0% 568,666
Total City Clerk 605,946 605,946 429,984 71.0% 568,666
Public Safety
7021 Public Safety Services 16,388,082 16,758,082 7,976,257 47.6% 13,265,126 Total Public Safety 16,758,082 16,388,082 7,976,257 47.6% 13,265,126 Community Services
4001 General Recreation 914,757 1,234,757 522,581 42.3% 848,088 4002 Aquatics 476,168 476,168 228,118 47.9% 323,684
4003 Outdoor Recreation 50,445 50,445 29,559 58.6% 108,445 4004 Day Camps 136,614 136,614 79,814 58.4% 116,645
4005 Skate Park 192,362 192,362 121,307 63.1% 148,775
4006 Sports 139,460 139,460 75,369 54.0% 96,918
4007 Community Programs 155,807 155,807 71,290 45.8% 114,757 4008 Senior Adult Programs 222,323 222,323 136,886 61.6% 204,247 4010 Park Maintenance 1,740,604 1,740,604 872,401 50.1% 1,385,606 4011 Special Events 220,150 220,150 127,422 57.9% 230,993 4012 Malibu Arts 264,482 264,482 114,413 43.3% 162,957
Total Community Services 4,513,172 4,833,172 2,379,160 49.2% 3,741,115 Environmental & Sustainability Development
2004 Environmental & Building Safety 5,658,908 5,658,908 2,466,119 43.6% 4,396,267 2010 Wastewater Management 596,103 596,103 363,325 61.0% 546,486 3003 Clean Water Program 1,474,830 1,474,830 671,096 45.5% 934,954 3004 Solid Waste Management 334,552 334,552 299,905 89.6% 334,552 Total Env. & Community Development 8,064,393 8,064,393 3,800,445 47.1% 6,212,259 Planning Deparment
2001 Planning 4,850,158 5,380,158 2,868,840 53.3% 4,372,835 2012 Code Enforcement 838,804 838,804 498,838 59.5% 714,588 Total Planning Department 5,688,962 6,218,962 3,367,678 54.2% 5,087,423 Public Works/Engineering
3001 Street Maintenance 1,653,808 2,183,808 1,711,545 78.4% 3,584,695 3005 Fleet Operations 335,000 427,000 50,791 0.0% 349,500 3007 City Facilities 126,300 126,300 66,793 52.9% 210,100 3008 Public Works 2,068,830 2,233,330 1,196,225 53.6% 1,812,386 Total Public Works 4,183,938 4,970,438 3,025,354 60.9% 5,956,681 Disaster Response
3002 Fire Rebuilds and Storm Response 1,915,800 1,915,800 672,125 35.1% 798,000 9200 Woolsey Fire & Storm Response CIP Projects 2,774,266 3,891,921 29,824 0.8% 782,953 Total Disaster Response 4,690,066 5,807,721 701,949 12.1% 1,580,953 General Fund CIP
9000 General Fund CIP 8,560,528 8,805,528 0.0% 667,193 - 9000 Case Crummer Reserved for CIP 327,472 347,480 0.0% 64,993 - Total General Fund CIP 8,888,000 9,153,008 0.0% 732,186 - Total General Fund 68,532,415 72,390,178 31,368,705 43.3% 50,165,745 (1) The amended budget column includes the original budget amount plus encumbrance carryovers and any additional appropriations.

EXPENDITURES BY FUND
March 31, 2024
A6
8 EXPENDITURES BY FUND
March 31, 2024
Adopted Budget Amended
Budget (1) YTD Actual % Spent 2023-24 Estimated
Special Revenue Funds
3001 Street Maintenance 760,000 760,000 - 0.0% -
3003 Clean Water Program 90,467 90,467 - 0.0% -
3004 Solid Waste Management 150,000 150,000 - 0.0% 116,406 3005 Fleet Operations - - - 0.0% -
3007 Stormwater Treatment Facilities 100,000 100,000 - 0.0% - 3008 Public Works 345,000 345,000 - 0.0% -
3009 Transportation Services 196,500 646,500 63,203 9.8% 610,500 4010 Park Maintenance - - - 0.0% -
6002 Big Rock Mesa LMD 370,519 370,519 195,180 52.7% 359,297 6003 Malibu Road LMD 77,442 77,442 46,055 59.5% 76,678
6004 Calle del Barco LMD 83,632 83,632 32,496 38.9% 83,039 9048 Carbon Beach Undergrounding CFD 235,173 235,173 219,683 93.4% 235,900 9052 Broad Beach Undergrounding AD 143,168 143,168 135,623 94.7% 143,168 9049 Civic Center Wastewater Treatment Plant AD 2,316,716 2,316,716 2,012,001 86.8% 2,317,578 7021 Public Safety - Brulte 165,000 186,159 158,674 85.2% 186,159 7070 Community Development Block Grant 9,900 9,900 4,950 50.0% 9,900 CCWTF Phase Two - - - 0.0% -
Total Special Revenue Funds 5, 5,514,676 043,517 2,867,865 52.0% 4,138,625 Capital Project Funds
310 Capital Improvement Fund
9002 Annual Street Overlay 2,184,000 2,196,000 3,252 0.1% 636,252 9059 PCH Median Improvements 4,490,000 4,490,000 3,105 0.1% 1,553,688 9065 MCLE Office Trailer 91,200 91,200 65,332 71.6% 95,825 9066 PCH Signal Synchronization Imp. 7,100,000 7,100,000 1,779,898 25.1% 4,242,747 9075 Civic Center Way Treatment Facility Ph 2 - - 30,272 0.0% 55,272 9078 City Hall Solar Power 4,000,000 4,000,000 0.0% 200,000 - 9082 Westward Beach Road 320,000 350,000 69,617 19.9% 72,952 9090 Permanent Skate Park 1,066,000 1,156,108 16,283 1.4% 64,993 9097 Malibu Bluffs Park South Walkway 130,000 127,900 3,212 2.5% 82,500 9098 Trancas Cyn Park Play Resurfacing 95,000 230,000 0.0% 215,388 - 9100 PCH/Trancas Right Turn Lane 531,000 531,000 1,404 0.3% 111,413 9101 PCH Crosswalk Improvements 200,000 200,000 0.0% - - 9102 PCH Median Imp at Paradise Cove/Zuma 100,000 100,000 0.0% 175,000 - 9103 Kanan Dume Biofilter 500,000 500,000 0.0% 50,000 - 9104 Stormdrain Trash Screens - Phase 2 - 9,101 9,101 0.0% 9,101 9105 City Traffic Signals Backup Power 50,000 50,000 0.0% 30,000 - 9106 Malibu Canyon Road Traffic Study 108,000 108,000 75,269 69.7% 99,735 9108 Harbor Vista Curb Return Modifications 100,000 100,000 0.0% - - 9109 PCH at Las Flores & Rambla Pacifico 160,000 160,000 0.0% - - 9110 Encinal Canyon 60" Storm Drain Repairs 1,000,000 1,000,000 0.0% 100,000 - 9111 Citywide Asphalt Concrete Berm Repairs 300,000 300,000 - 0.0% - 9112 Bluffs & Equestrian Park Roof Replacements 400,000 400,000 - 0.0% - 9113 Legacy Park Benches & Arbors 150,000 150,000 318 0.2% 17,000 9114 PCH Ped Undercrossing at Malibu Seafood - 250,000
CIP General Fund Expenses (funding offset) (8,560,528) (8,805,528) - 0.0% (777,737) CIP Case Crummer Reserve (funding offset) (327,472) (347,480) - 0.0% (64,993) Total Capital Project Funds 14, 14,446,301 187,200 2,057,063 14.2% 6,969,136 A7
9 EXPENDITURES BY FUND
March 31, 2024
Adopted Budget Amended
Budget (1) YTD Actual % Spent 2023-24 Estimated
Legacy Park Project Fund
500 7004 Legacy Park Debt Service 1,092,001 1,092,001 149,364 13.7% 1,092,001 7008 Legacy Park Operations 991,837 991,837 498,022 50.2% 771,957 Total Legacy Park Project Fund 2, 2,083,838 083,838 647,386 31.1% 1,863,958 Civic Center Wastewater Treatment Facility Fund
515 3010 CCWTF Sewer Services 2,064,976 2,073,976 1,340,326 64.6% 2,069,475 Total CCWTF Fund 2, 2,073,976 064,976 1,340,326 64.6% 2,069,475 Internal Service Funds
3005 Vehicle 84,000 84,000 42,422 50.5% 84,000
7060 Information Technology 1,204,410 1,204,410 777,448 64.6% 1,059,711 Total Internal Service Funds 1, 1,288,410 288,410 819,870 63.6% 1,143,711 $ Total All Funds 93, $ 97,797,379 200,356 $ 39,101,215 $ 40.0% 66,350,650 $ (1) The amended budget column includes the original budget amount plus encumbrance carryovers and any additional appropriations.

A8
10 EXPENDITURES BY FUND
March 31, 2024
Reconciliation of adopted to amended budget
Total 2023-24 Adopted budget: $ 93,200,356
Account Description Project Amount Comment Date
101-2001-5100-00 Planning - Professional Services Contract Planners 287,000 Budget Carryover 7/1/2023 100-7021-5100-00 Public Safety - Equipment Beacon Boxes 34,000 Budget Carryover 7/1/2023 100-3001-5100-00 Public Works - Street Maintenance Maint Yard Site Plan 5,000 Budget Carryover 7/1/2023 100-3001-5120-00 Public Works - Street Maintenance Morning View Dr Maint 45,000 Budget Carryover 7/1/2023 100-3008-5100-00 Public Works - Professional Services Multiple Projects 69,000 Budget Carryover 7/1/2023 100-3008-5125-00 Public Works - Traffic Engineering Services Multiple Projects 40,500 Budget Carryover 7/1/2023 310-9002-7901-00 CIP 9002 - Annual Street Overlay Morning View Resurfacing 12,000 Budget Carryover 7/1/2023 310-9082-5100-00 CIP 9082 - Westward Beach Road Improvement General Fund CIP Designation 30,000 Budget Carryover 7/1/2023 310-9089/90-5100 CIP 9090 - Permanent Skate Park Case Crummer CIP Designation 20,008 Budget Carryover 7/1/2023 310-9090-5100-00 CIP 9090 - Permanent Skate Park General Fund CIP Designation 70,100 Budget Carryover 7/1/2023 310-9097-5100-00 CIP 9097 - Bluffs Park South Walkway Walkway repairs (5,000) Budget Carryover 7/1/2023 310-9097-5100-00 CIP 9097 - Bluffs Park South Walkway Walkway repairs 2,900 Budget Carryover 7/1/2023 601-3005-7700-00 Vehicle Fleet Operations - Vehicles New Fleet Vehicles 72,000 Budget Carryover 7/1/2023 102-9212-5100-00 CIP 9212 - Broad Beach Rd Water Quality Imp CIP 9212 - JPIA Reimb 214,539 Budget Carryover 7/1/2023 100-7002-5100-00 Media Operations - Professional Services Video Broadcast Services 115,500 Council Appropriation 10/23/2023 102-9209-5100-00 CIP 9209 - Trancas Cyn Prk Slope Repairs CIP 9209 - GF Reserve 863,550 Council Appropriation 10/23/2023 102-9209-5100-00 CIP 9209 - Trancas Cyn Prk Slope Repairs CIP 9209 - JPIA Reimb 214,539 Council Appropriation 10/23/2023 102-9212-5100-00 CIP 9212 - Broad Beach Rd Water Quality Imp CIP 9212 - JPIA Reimb (214,539) Council Appropriation 10/23/2023 100-7001-5930-02 City Council - Community Grants Malibu Education Foundation 353,100 Council Appropriation 1/22/2024 101-2001-4101-00 Planning - Current/Advanced Planning Full-time Salaries (60,000) Budget Correction 12/31/2023 101-2001-4104-00 Planning - Current/Advanced Planning Overtime 60,000 Budget Correction 12/31/2023 100-7021-5115-00 Public Safety - LA County Sheriff's Services Trsfer budget to 5106/7800/5100 (156,000) Budget Correction 12/31/2023 100-7021-5106-00 Public Safety - Animal Control Services Long-term care of animals 94,000 Budget Correction 12/31/2023 100-7021-7800-00 Public Safety - Equipment LIDAR Guns 42,000 Budget Correction 12/31/2023 100-7021-5100-00 Public Safety - Professional Services COG Hazard Mitigation Plan 20,000 Budget Correction 12/31/2023 211-7021-5115-00 Special Revenue Fund - L.A. County Sheriff COPS (Brulte) Grant 21,159 Budget Correction 10/31/2023 102-9209-5100-00 CIP 9209 - Trancas Cyn Prk Slope Repairs CIP 9209 - JPIA Reimb 39,566 Budget Correction 10/23/2023 100-7021-5100-00 Public Safety - Professional Services SMMC Grant-Hazardous Trees 326,000 Budget Amendment 1/22/2024 310-9104-5100-00 CIP 9104 - Stormdrain Trash Screens - Phase 2 CIP 9104 - Measure W 9,101 Budget Carryover 7/1/2023 100-3001-5123-00 Public Works - Street Maintenance Add'l Storm Response 200,000 Mid-year Amendment 12/31/2023 100-3001-5127-00 Public Works - Street Maintenance Add'l Weed Abatement 50,000 Mid-year Amendment 12/31/2023 100-3001-6160-00 Public Works - Street Maintenance Replace Pt. Dume Timbers 20,000 Mid-year Amendment 12/31/2023 100-3001-7800-00 Public Works - Street Maintenance Replace citywide trash receptacles 210,000 Mid-year Amendment 12/31/2023 100-4001-4102-00 Community Services - Part-time Salaries Convert positions to PT Regular 200,000 Mid-year Amendment 12/31/2023 100-4001-7800-00 Community Services - Equipment New Pool Office Trailer 120,000 Mid-year Amendment 12/31/2023 100-7021-5401-00 Public Safety - Advertising & Noticing Notice CERT/Safety Events 10,000 Mid-year Amendment 12/31/2023 101-2001-5100-00 Planning - Professional Services Contract Planners 213,000 Mid-year Amendment 12/31/2023 101-2001-5100-01 Planning - Coastal Development Permit Biological Peer Reviews 15,000 Mid-year Amendment 12/31/2023 101-2001-5401-00 Planning - Advertising & Noticing Noticing of Housing Element/ADU 15,000 Mid-year Amendment 12/31/2023 310-9098-5100-00 CIP 9098 - Trancas Park Playground Resurfacing Bids Exceeded Adopted Budget 135,000 Mid-year Amendment 12/31/2023 310-9114-5100-00 CIP 9114 - PCH Pedestrian Undercrossing New CIP Designation 250,000 Mid-year Amendment 12/31/2023 515-3010-5640-00 CCWTF - Equipment Maintenance Pump Replacement 9,000 Mid-year Amendment 12/31/2023 601-3005-7700-00 Public Works - Vehicle Fleet Operations New Fleet Vehicles 20,000 Mid-year Amendment 12/31/2023 100-3008-5100-00 Public Works - Engineering Tripepi Smith-Vac Land Outreach 55,000 Council Appropriation 2/12/2024 203-3009-5147-00 Proposition A Local Return Funds Exchange 450,000 Budget Adjustment 5/28/2024 4,597,023
Total 2023-24 Current Amended Budget: $ 97,797,379
A9
11 ESTIMATED FUND BALANCES
March 31, 2024
Budget Revenues Expenditures Transfers In/Out Fund Balance Non-Current/ Budget Fund Balance Estimated Estimated Estimated Estimated Unavailable Fund Balance FUND July 1, 2023 6/30/2024 6/30/2024 2023-24 June 30, 2024 Revenue June 30,2024 General Fund - Undesignated 61,498,588 $ 58,354,765 $ 47,315,006 $ 835,915 $ 73,374,262 $ - $ 73,374,262 $ General Fund - Designated for Contingencies 6,500,000 - - - 6,500,000 - 6,500,000 General Fund - Designated for CIPs 8,805,528 - 667,193 - 8,138,335 - 8,138,335 General Fund - SCE Settlement Woolsey Fire 6,710,988 - - - 6,710,988 - 6,710,988 Designated for Deferred Maintenance 1,078,510 - 123,100 - 955,410 - 955,410 Designated for Case (Crummer) Parcel 347,479 - 64,993 - 282,486 - 282,486 Designated for Water Quality Settlement 51,142 - - - 51,142 - 51,142 Designated for Housing Element Program 194,140 - 65,000 - 129,140 - 129,140 Designated for City Facilities - La Paz 500,000 - - - 500,000 - 500,000 Designated for FEMA Disaster Projects & CIP 505,324 2,164,090 1,580,953 - 1,088,461 - 1,088,461 Designated for American Rescue Plan - - - - - - -
Total General Fund 86,191,699 60,518,855 49,816,245 835,915 97,730,224 - 97,730,224 201 Gas Tax Fund 2,384 322,074 (175,000) - 149,458 - 149,458 202 Traffic Safety Fund 207,405 239,233 (200,000) - 246,638 - 246,638 203 Proposition A Fund 930,857 467,121 610,500 - 787,478 - 787,478 204 Proposition C Fund 295,850 314,351 (290,000) - 320,201 - 320,201 205 Measure R Fund 224,683 236,192 (220,000) - 240,875 - 240,875 206 Air Quality Management Fund 152,038 37,941 - - 189,979 - 189,979 207 Solid Waste Management Fund 6,534 145,500 116,406 334,552 370,180 - 370,180 208 Parkland Development In-Lieu Fund 161,662 46,080 - - 207,742 - 207,742 209 Quimby Fund 3,960 625 - - 4,585 - 4,585
211 COPS Brulte Grant Fund - 186,159 186,159 - - - -
212 Measure M Fund 368,617 284,753 (151,252) - 502,118 - 502,118 213 RMRA (SB1) Fund 576,956 362,347 (280,000) - 659,303 - 659,303 214 Art in Public Places In-Lieu Fund 36,888 5,831 - - 42,719 - 42,719 215 Community Development Block Grant Fund - 66,000 9,900 (91,200) (35,100) - (35,100) 218 Measure W LA County Stormwater 537,292 474,924 (249,568) - 762,648 - 762,648 225 Grants Fund 6,082,848 - (6,482,583) - (399,735) 399,735 - 290 Big Rock LMD 111,500 373,262 359,297 - 125,465 - 125,465 291 Malibu Road LMD 54,917 70,781 76,678 - 49,020 - 49,020 292 Calle Del Barco LMD 90,719 101,539 83,039 - 109,219 - 109,219 712 Carbon Beach Undergrounding CFD 501,641 264,313 235,900 - 530,054 - 530,054 713 Broad Beach Assessment District 275,824 156,539 143,168 - 289,195 - 289,195 715 CCWTF AD Phase One 7,530,468 3,150,612 2,317,578 8,363,502 - 8,363,502 - 517 CCWTF Phase Two 358,738 341,136 - - 699,874 - 699,874 Total Special Revenue Funds 12,428,933 13,730,161 4,138,625 (7,805,051) 14,215,418 399,735 14,615,153 Capital Improvements Fund - 6,969,136 - 6,969,136 - - - Total Capital Improvement Funds - 6,969,136 - 6,969,136 - - - Legacy Park Project Fund 846,714 1,904,817 1,863,958 - 887,573 - 887,573 Total Legacy Fund 846,714 1,904,817 1,863,958 - 887,573 - 887,573 Civic Center Wastewater Treatment Facility 346,849 2,323,844 2,069,475 - 601,218 - 601,218 Total Civic Center Wastewater Treatment Fac. 346,849 2,323,844 2,069,475 - 601,218 - 601,218 Vehicle 267,104 149,240 433,500 - (17,156) - (17,156)
Information Technology 82,540 1,059,711 1,059,711 - 82,540 - 82,540 Total Internal Service Funds 349,644 1,208,951 1,493,211 - 65,384 - 65,384 Total All Funds $ 100,163,839 $ 79,686,628 $ 66,350,650 $ 113,499,817 - $ $ 399,735 $ 113,899,552 A10
12

Agenda Item # 3.B.17
Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Joseph D. Toney, Assistant City Manager
Approved by: Steve McClary, City Manager
Date prepared: April 25, 2024 Meeting date: June 10, 2024 Subject: Amendment to Professional Services Agreement with SDI Presence (Continued from May 28, 2024)
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 3 to the Professional Services Agreement with SDI Presence LLC.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2023-24 in Account No. 602-7060-5100 (Information Systems – Professional Services) and the FY 2024-25 Proposed Budget in Account No. 310-9124-5100 (Land Management System-Professional Services).

STRATEGIC PRIORITY: This item supports the Development Services Updated Software priority identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: On August 27, 2018, the City Council authorized the City Manager to execute a Professional Services Agreement with SDI Presence LLC for information technology administrative services to develop the City’s IT Assessment and Strategic Plan. The project was launched in October 2018 but was put on hold in the aftermath of the Woolsey Fire and the COVID-19 pandemic. Due to the clear need for permitting software, staff reengaged SDI and modified the scope of work with Amendment 2 in May 2022 to assist with pursuing the procurement of permitting software, also referred to as a land management system (LMS).

The consultant coordinated with staff to identify clear specifications of a new system, conduct a Request for Proposals (RFP), and interview potential vendors. This was a detailed and arduous process that narrowed down the best options for a LMS provider for the City. The City momentarily paused the project before negotiating acquisition and committing to a system in order to give consideration to operational and staffing needs for the huge undertaking that would commence with proceeding to the next step.

City Council Meeting
06-10-24
Item

3.B.17
1

Agenda Item # 3.B.17
In the meantime, staff worked through recommendations received from the Comprehensive Development Services Review (CDSR). Staff have been able to improve operations and implement an interim solution for application submittal and review through online portal improvements. These improvements have provided the City team with revamped workflows and processes, as well as some operational buffer, to be in a better position to begin working on a full LMS. A full LMS is a significant project that could take up to two years to implement.

In order to facilitate a LMS project, one of the significant recommendations of the CDSR (Recommendation #22) is to hire a consultant project manager with experience implementing the selected LMS to expedite implementation. SDI is the best and most appropriate consultant project manager for this effort. Having worked through the RFP process and supported the City with other engagements, there is no other consultant project manager that will have the knowledge and understanding of the City as well as SDI. Their services are specialized and essential to this effort.

Malibu Municipal Code 2.56.130(b).3 creates an exception to the City’s competitive bidding process for certain services: “[w]here the contract is for specialized or professional services such as, but not limited to, services rendered by architects, engineers, attorneys, appraisers, geologists, and other specialized consultants.” It would be impractical and unreasonable to find these specialized services from a better consultant to lead this effort than SDI. SDI has a demonstrated history and project knowledge that cannot be found by another bidder. Further, another bidder would require many hours to get up to speed on the status of the project and this would come at a substantial cost to the City. Thus, staff is recommending that we proceed with this Amendment 3 to retain SDI as the LMS Project Consultant.

As outlined in the proposal, SDI will lead two distinct phases. Phase 1-Initiate, is the broad overview and laying the roadmap for the project. Phase 2-Implement, will be the major lifting of the project that will require significant project team staff time, development, and testing. These types of systems require that the organization build out the system based on workflows and organizational needs, so it is not as simple as plug and play. Building out a LMS requires significant support and guidance from an expert consultant project manager, SDI, as identified by the recommendation in the CDSR.

The proposal is estimating 1,040 hours of project management consulting at a rate of $185 per hour, for an estimated total of $192,400, and estimated incidentals of $14,000, for a total not-to-exceed of $206,400.

ATTACHMENTS: Amendment No. 3 to the Professional Services Agreement with SDI Presence LLC
2 AMENDMENT NO. 3 TO AGREEMENT
THIS AMENDMENT NO. 3 TO AGREEMENT is made and entered in the City of Malibu on June 10, 2024, by and between the CITY OF MALIBU, hereinafter referred to as City, and SDI Presence LLC, hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

RECITALS
A. On August 27, 2018, the City entered into an Agreement with Consultant for consulting services for certain project relating to information technology administrative services (the "Agreement").

B. On November 23, 2020, the City entered into Amendment No. 1 with Consultant to extend the term to December 1, 2022.

C. On May 9, 2022, the City entered into Amendment No. 2 with Consultant to increase the scope, extend the term and increase the budget.

D. The City desires to amend the Agreement to increase the scope, extend the term and increase the Compensation for Services, and Consultant has submitted a proposal for this purpose that is acceptable to the City.

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

1. Section 1.0 - Scope of the Consultant's Services, of the Agreement, is hereby amended as set forth in Exhibit A attached hereto.

2. Section 2.0 - Term of Agreement, of the Agreement, is hereby extended to June 30, 2026.

3. Section 4.0 - Compensation for Services, of the Agreement, is hereby amended as set forth in Exhibit A attached hereto. The cost of work described in Exhibit A to the Agreement shall not exceed $206,400, for a total not to exceed amount for the entire Agreement of $360,150.

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

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

This Agreement is executed on __________ , at Malibu, California, and effective as of June 10, 2024.

ATTEST:

KELSEY PETTIJOHN, City Clerk
(seal)
CITY OF MALIBU:

STEVE UHRING, Mayor
Attachment #1
3 APPROVED AS TO FORM:

TREVOR RUSIN, Interim City Attorney
CONSULTANT:

Amendment No. 3 to Agreement
SDI Presence LLC

By: SHAREE L. WOLFF �
Title: CFO
4 Proposal to the City of Malibu Land Management & Permitting System Implementation 1 | Pag e

January 24, 2024
Mr. Joseph Toney, Assistant City Manager
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
RE: Land Management & Permitting System Implementation Project Management Services Dear Mr. Toney:

SDI Presence LLC is pleased to submit this proposal to the City of Malibu to provide professional consulting services to assist the City with the implementation of its recently selected enterprise land management and permitting system (LMS). We believe our proposal will clearly demonstrate that SDI offers the City an experienced, proven, and qualified consulting team to support the City’s goal of implementing an enterprise LMS to meet the needs of the organization.

Our Company. SDI is a management consulting firm with a singular focus on helping public sector clients implement and use information technology. The company was founded on the belief that project success starts with effective planning. SDI has delivered planning, procurement, and project management services to more than 200 California public agencies.

Our Understanding. We understand that the City is interested in utilizing an SDI project management resource to oversee the successful implementation of the LMS application that was recently selected by the City. SDI is prepared to provide project management support to help ensure the new system is fully implemented and utilized by the City.

Our Approach. SDI will utilize established and recognized project management processes to ensure the successful launch of the land management system.

Our Success. SDI has been delivering successful IT planning, procurement, and project management services to California public sector clients since 1999. As project management professionals, SDI recognizes the need to apply project management processes and standards to our consulting engagements. To ensure the City’s objectives are met, SDI’s approach will include the following:
♦ Use of a structured, proven approach to ensure a comprehensive understanding of the City’s requirements and needs
♦ Fully identifying and disclosing potential risks and realistic risk mitigation strategies ♦ Managing the expectations of users and stakeholders throughout the process to ensure a realistic level of expectation upon selection of the enterprise LMS system ♦ Minimizing disruption to daily City operations
♦ Establishing solid project management practices including schedule, time and resource management; communications management; issues management; risk management; and quality management
5 Proposal to the City of Malibu Land Management & Permitting System Implementation 2 | Pag e

Our Experience. SDI has successfully completed numerous enterprise implementation projects for clients both large and small, and we provide a detailed list of past clients in this proposal. In terms of land management systems, SDI has successfully completed similar projects for the cities of Paso Robles, Newport Beach, Glendale, Indio, Chino Hills, and we are currently underway with implementations in West Hollywood and Yucaipa. Most indicative of our success is that our clients are willing to ask us back to perform additional work and refer us to other organizations without hesitation.

If you have any questions about this proposal, I can be reached at 714-975-4150 or via email at [email protected]. We appreciate the opportunity to submit a proposal and look forward to partnering with the City of Malibu.

Sincerely,
Patrick Griffin, Managing Director
Advisory & Consulting Practice
6 Proposal to the City of Malibu Land Management & Permitting System Implementation 3 | Pag e

Company Background and Experience
Company Qualifications
SDI is a management consulting firm that helps public sector clients enhance their use of information technology. SDI has worked with more than 190 California state and local government agencies to complete Request for Proposal (RFP) development and Procurement Management efforts, IT Assessments, IT Strategic Plans, GIS Strategic Plans, Network Assessments, IT Service Level Assessments, Policy / Procedure Documentation development, Project Management Organization implementations, Feasibility Studies. Figure 1 illustrates SDI’s full range of IT services.

CONSULTING

TECHNOLOGY DELIVERY PRESENCESM

MANAGED

SERVICES APPLICATIONS INFRASTRUCTURE SECURITY
• New System
Implementation
Project
Management
• Organizational
Change
Management
• Quality
Assurance
Services
• IT Strategic
Planning
• IT/Project
Assessments
• IT Governance
• Interim

CIO/CTO
• Digital
Transformation
Services
• Requirements
Assessment
• Selection and
Procurement
• Business Process
Reengineering
• QA/Testing
• Project
Management
• Implementation
and Integration
• Network
Engineering
• Data Center
• Hybrid Cloud
• Hyperconverged
Infrastructure/
Software
Defined Data
Center (SDDC)
• VoIP Services
• Organization
Policies and
Procedures
• Enterprise
Vulnerability
Assessments
• Cyber
Awareness
Training
• Cyber
Remediation
• Services
• Disaster
Recovery/
Business
Continuity
• Identity
Management
• Integrated
Public Safety
Systems
• ITSM Service
Desk
• IT
Infrastructure
Managed
Services
• Enterprise
Application
Managed
Services
• Managed
Security
• Services
• Public Safety
Systems
Managed
Services
• Real Estate
Data Managed
Services
Figure 1 - SDI Services
SDI is headquartered in Chicago IL with west coast offices in Los Angeles, Sacramento, and Dallas / Fort Worth. SDI employs over 300 full-time staff, including the California team of approximately 20 consultants. Our consultant team is open to working 100% remotely or a combination of remote and onsite, depending on the City’s preference. 7 Proposal to the City of Malibu Land Management & Permitting System Implementation 4 | Pag e

Company Experience
As shown in Table 1, SDI has a strong record of accomplishment in providing technology consulting services for California public sector clients. A significant number of our client projects are of similar scope and size to what the City of Malibu is seeking.

Table 1 - SDI Local Government Experience IT Strategic Plans IT Assessments IT Policies & Procedures Project Management IT GovernanceDisaster RecoveryPlanningSystem Selection& ProcurementsOther ManagementConsulting Municipalities
Alameda, CA   
Anaheim, CA   
Belmont, CA 
Beverly Hills, CA   
Branson, MO   
Burbank, CA  
Burlingame, CA  
Carson, CA 
Carson City, NV    
Chino Hills, CA   
Concord, CA  
Coronado, CA    
Costa Mesa, CA 
Cupertino, CA  
Davis, CA  
El Segundo, CA  
Fairfield, CA       
Fremont, CA   
Fresno, CA    
Galt, CA        
Gilroy, CA     
Glendale, CA     
Half Moon Bay, CA  
Huntington Beach, CA    
Indio, CA 
Industry, CA 
Irvine, CA     
La Quinta, CA   
Laguna Beach, CA  
Long Beach, CA   
Los Angeles, CA  
Los Banos, CA  
Manhattan Beach, CA     
Merced, CA   
Millbrae, CA 
Napa, CA    
Newport Beach, CA   
8 Proposal to the City of Malibu Land Management & Permitting System Implementation 5 | Pag e
IT Strategic Plans IT Assessments IT Policies & Procedures Project Management IT Governance Disaster Recovery PlanningSystem Selection& ProcurementsOther ManagementConsulting Novato, CA    
Ontario, CA 
Orange, CA     
Oxnard, CA  
Pasadena, CA  
Paso Robles, CA   
Petaluma, CA 
Pismo Beach, CA   
Pleasant Hill, CA 
Rancho Cordova, CA   
Rancho Palos Verdes, CA    
Redlands, CA 
Redwood City, CA    
Rohnert Park, CA    
San Luis Obispo, CA    
San Rafael, CA      
San Ramon, CA  
Santa Clara, CA       
Santa Cruz, CA     
Stockton, CA     
Suisun City, CA  
Sunnyvale, CA 
Vacaville, CA 
Ventura, CA    
Visalia, CA   
Walnut Creek, CA    
Watsonville, CA    
Counties
Douglas County, Nevada  
El Paso County, Texas  
Lane County, Oregon  
Placer County, CA  
Riverside County, CA 
San Benito County, CA  
San Diego County, CA  
Santa Clara County, CA  
Sonoma County, CA  
Special Districts
Central Contra Costa Sanitation District       
Chino Valley Independent Fire District   
Cosumnes Community Services District  
Cucamonga Valley Water District 
Delta Diablo Sanitation District   
East Valley Water District  
Lake Arrowhead Community Services 
9 Proposal to the City of Malibu Land Management & Permitting System Implementation 6 | Pag e
IT Strategic Plans IT Assessments IT Policies & Procedures Project Management IT Governance Disaster Recovery PlanningSystem Selection& ProcurementsOther ManagementConsulting Las Virgenes Municipal Water District    
Monterey Regional Water P.C.A.  
Moulton Niguel Water District       
North Tahoe Public Utilities District  
Port of Los Angeles  
Rancho California Water District    
Riverside Co. Trans. Commission 
Sacramento Area Sewer District 
Sacramento Metropolitan Fire District  
Sacramento Municipal Utility District 
San Joaquin Council of Governments 
San Bernardino County Fire 
Santa Clara County Fire Department  
Santa Clara County Housing Authority  
Santa Clara Valley Water District 
Silicon Valley Clean Water 
Silicon Valley Power    
South Tahoe Public Utility District     
West Basin Municipal Water District   
Zone 7 Water Agency  
State of California
Assoc. of Regional Center Agencies  
CA Correctional Health Care Services  
California Highway Patrol        
10 Proposal to the City of Malibu Land Management & Permitting System Implementation 7 | Pag e

Project Approach
SDI’s implementation project management framework includes two major Milestones: Initiate and Implement. The milestones, tasks associated with each milestone, and deliverables coming out of each task, are described in detail below.

Figure 2 – Implementation Methodology
In the tables below, SDI has identified the activities and deliverables to be completed as part of this stage of the project. It should be noted that many of the tasks in Phase 2 – Implement will be repeated for the individual implementation of specific modules within the software suite (i.e. – permits, customer portal, plan review, etc.).

Phase 1 – Initiate
As project management professionals, SDI recognizes the importance of applying a formal project management framework to ensure that the project meets objectives and is delivered on-time and onbudget. The purpose of the Initiate phase is to prepare for, and initiate, the project under a well-defined project plan. This phase includes confirming our understanding, as well as the understanding of the stakeholders, regarding the scope of work and the process for accomplishing the overall objectives of the project. The following table presents the specific tasks, activities, and deliverables that will be undertaken during the Initiate stage.

Table 2 – Phase 1 Initiate Activities and Deliverables
Task 1.1 Project Scope Review
TASK DESCRIPTION: SDI will meet with the City’s Project Sponsor to review the scope of work, project timeline, deliverables, and other procurement documentation to confirm project details before formal kickoff.
11 Proposal to the City of Malibu Land Management & Permitting System Implementation 8 | Pag e

Task 1.2 Kickoff Meeting
TASK DESCRIPTION: SDI will develop a Microsoft PowerPoint presentation that will describe the project. SDI will lead a Project Kickoff Meeting which will be scheduled by the City to include all anticipated project participants. The primary goal of the Project Kickoff Meeting is to ensure that all project participants have a common understanding of the process and project objectives.

DELIVERABLE: Project Kickoff Presentation
Task 1.3 Project Scope and Baseline Schedule Update
TASK DESCRIPTION: SDI will finalize and deliver the project scope and plan, along with communication and status reporting plans and a baseline schedule, as agreed with by the City’s Project Sponsor.

DELIVERABLE: Project Scope and Baseline Plan
Phase 2 – Implement
The cornerstone of success for the system implementation portion of the project will be how well it is managed. This will include thorough planning, execution, and monitoring of the plan, corrective action when required, and final close-out of the project. SDI’s project management services will enable the City to manage the big picture, keep stakeholders informed, and ensure successful planning, oversight, and completion of the project while mitigating project risk.

In the table below, SDI has identified the activities and deliverables to be completed as part of this phase of the project. It should be noted that many of the tasks in Phase 2 will be repeated for the individual implementation of specific modules within the software suite (i.e. – permits, customer portal, plan review, etc.).

Table 3 – Phase 2 Implement Activities and Deliverables Task 2.1 Update Project Plan
TASK DESCRIPTION: SDI will work with the software vendor’s Project Manager to update the Project Plan, including the following basic elements that will be defined for the system implementation activities:
• Tasks and Subtasks
• Milestones and Deliverables
• Detailed Project Schedule
DELIVERABLE: Updated Project Plan
12 Proposal to the City of Malibu Land Management & Permitting System Implementation 9 | Pag e

Task 2.2 Monitor Project Execution and Control
TASK DESCRIPTION: Working with the software vendor’s Project Manager, SDI will monitor the project execution using all the plans, schedules, procedures, and standards prepared for the project. This will include ensuring that regular status reports are provided and discussed at project review meetings with the Project Sponsor and appropriate participants. These reviews will include performance measures for the completion of tasks and activities in accordance with the project plan, communication plan, risk management plan, and quality assurance plan.

DELIVERABLES: Project Status Reports, Risk/Issue Tracking Log, Vendor Deliverables Tracking Log / Punch List
Task 2.3 Assist with Business Process and Change Management Activities TASK DESCRIPTION: SDI will assist the City with identification of areas where a business process change may result in improved efficiencies. SDI will provide suggestions and recommendations for business process improvements in conjunction with the City’s project team and utilizing the best practices recommendations documented previously.

Task 2.4 Support Establishment of Optimal Software and Hardware Configuration TASK DESCRIPTION: SDI will assist the City in defining the technical system software and hardware environments required for the new system’s operation including licenses for development, testing/training, and production environments. SDI will provide oversight for identifying, procuring, and installing the software and hardware configurations to ensure the system is properly sized to meet the City’s requirements. This activity will also include coordinating the installation of required application, database, and web servers as well as necessary network architecture and infrastructure components.

DELIVERABLE: Software and Hardware Acquisition and Installation Oversight Task 2.5 Assist with System Setup and Configuration
TASK DESCRIPTION: SDI will assist the City to ensure that the new system is set up to support the City’s unique operating requirements. This activity will include establishing security protocols for users along with specific workflow processes for the new system and setting configuration options and customizing parameters for system upload/download processes to Microsoft products such as Excel, Word, Access, and Outlook, and to other third-party products.

DELIVERABLE: System Setup and Configuration Oversight
Task 2.6 Define System Data Conversion and Testing Requirements TASK DESCRIPTION: SDI will assist in defining conversion and testing requirements for items that must be converted into the new system, including financial data from the existing system and in-house developed applications. SDI will work directly with the software vendor’s conversion team to ensure that data extracted from the City’s existing system is properly mapped to the new system.

DELIVERABLE: Data Conversion Requirements and System Testing Task 2.7 Assist with Development of Required Integrations Between Software Systems TASK DESCRIPTION: SDI will work with the various software entities to develop integration points between the various systems. SDI will oversee development of the desired data integration points and will ensure testing is completed to validate the integrations are operating properly and accurately.

DELIVERABLE: System Integrations Support
13 Proposal to the City of Malibu Land Management & Permitting System Implementation 10 | Pag e

Task 2.8 Support User Acceptance Testing
TASK DESCRIPTION: SDI will verify and validate acceptance test results for implementation of the new system that will include:
• System documentation • Functional tests
• Stress tests • Security tests
• Access control capabilities • Backup, restore and restart tests • User acceptance test results
DELIVERABLE: Independent Verification and Validation
Task 2.9 Coordinate Training for Users and System Administrators TASK DESCRIPTION: SDI will assist the City in identifying training requirements and creating schedules for both users and technical personnel. Training should be sufficiently detailed and comprehensive to ensure that City staff will be able to effectively use the system and support the system after implementation.

DELIVERABLE: Training Requirements and Schedule
Task 2.10 Complete Readiness Assessment and Ensure Operational Readiness TASK DESCRIPTION: SDI will develop a checklist to be used to assess the City’s operational readiness for the new system implementation, including:
• Staffing plan • System maintenance procedures
• Operational procedures • Disaster backup recovery plan • Change requests • Modifications or enhancements
• Refresher training • Software license renewal
• Technology refreshment • Hardware replacement
• Preventive maintenance
DELIVERABLE: Readiness Assessment Checklist
Task 2.11 Monitor Phased Implementation and Cutover
TASK DESCRIPTION: SDI will oversee a phased cut-over where different modules are implemented and moved into production on a staggered schedule. As each module is placed into production, the software vendor will be required to provide assistance for system administration, helpdesk, and onsite user support for each major implementation phase or module.

DELIVERABLE: Oversight of Phased Implementation and Cutover into Production Task 2.12 Prepare Post Implementation Evaluation Report TASK DESCRIPTION: SDI will conduct a post-implementation evaluation review (PIER) after system implementation to provide the City with information to help it evaluate the contribution and measure the value gained by implementing the new system. The PIER will provide for organizational learning by documenting the success of the project and the reasons for that success. It will also identify areas the City may wish to revisit in terms of full implementation of all modules, related features, and functionality.

DELIVERABLE: Post Implementation Evaluation Report
14 Proposal to the City of Malibu Land Management & Permitting System Implementation 11 | Pag e

Project Costs
Based on our experience with past implementation projects, we recommend the City consider project management support services for a minimum of 20 hours per week over the course of the implementation timeline. Assuming a 12-month timeline for implementation, this would equate to 1,040 hours. SDI’s 2024 rates are $185 per hour for Project Manager. Applying this rate to the recommended level of effort yields a budget of $192,400. Additionally, during project management activities, we anticipate our resource being onsite for up to six days per month, resulting in travel expenses for mileage, meals, and hotel. We estimate a travel budget of approximately $14,000, bringing the total cost estimate for project management services during implementation to $206,400 based on the hours estimates above.

SDI will bill the City monthly for actual labor and travel costs incurred in the prior month. Invoices will include detail regarding the number of hours worked by date, along with a description of the activities performed by our consultant team. For travel expenses, SDI will provide receipts substantiating travel costs incurred.
15

Agenda Item # 3.B.18.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Susan Dueñas, Public Safety Director
Approved by: Steve McClary, City Manager
Date prepared: May 13, 2024 Meeting date: June 10, 2024 Subject: Contract with LAZ Parking for Parking Enforcement Services RECOMMENDED ACTION: Authorize the Mayor to execute a Professional Services Agreement with LAZ Parking (LAZ) for parking enforcement services.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Proposed Budget for FY 2024-25 in Account No. 100-7021-5122 (Public Safety-Parking Enforcement). The budget includes $550,000 to cover the cost for the first year of the contract. The second year will cost $551,761, for a total of $1,093,164 for the two-year contract. However, parking fine revenue is expected to fully offset and exceed the cost of the contract each year.

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

DISCUSSION: Illegal parking in Malibu is a common issue that affects the safety of the public and the quality of life of residents and visitors. To address this problem effectively, consistent enforcement is needed. While both Los Angeles County Sheriff’s Department officers and Volunteers on Patrol (VOP) provide parking enforcement services, neither group can provide consistent coverage. Therefore, on November 27, 2023, the Council directed staff to issue a Request for Proposals for parking enforcement services.

A Request for Proposals was issued on January 23, 2024, and two vendors responded:

ACE and LAZ Parking. City staff and the VOP Team Leader conducted interviews with both vendors on March 14. LAZ Parking was chosen as the preferred vendor for several reasons including:
- Familiarity with Malibu. They currently have contracts with businesses that operate in Malibu.

City Council Meeting
06-10-24
Item

3.B.18.
1

Agenda Item # 3.B.18.
- They already work with Turbo Data ticketPRO, which is the vendor the City uses to provide parking ticket equipment and to process tickets. - They have 2,900 current employees in the area that they could pull from if the City needs to ramp up services temporarily.
- They have extensive experience in local government parking enforcement services.

They currently have over 100 active government contracts, including the cities of West Hollywood and Burbank.
- They are trained and experienced in impounding vehicles, including oversize vehicles.

The contract includes all costs associated with staffing, training, equipment, and vehicles.

The parking enforcement staff hired under this contract will be dedicated to Malibu, providing much-needed continuity. They will use hybrid vehicles with City of Malibu Parking Enforcement decals. In addition, for safety purposes, they will be equipped with mounted LED lights to warn other drivers of their slower movement and a rear-mounted sign warning people of frequent stops.

The proposed contract is for two years, at which time the costs and benefits of this program can be evaluated. The first-year costs are estimated at $541,403, and the second-year costs are estimated at $551,761. Based on current parking enforcement efforts, it is estimated that revenues from parking fines will more than offset the cost of the contract.

ATTACHMENTS: Professional Services Agreement with LAZ Parking 2 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of June 10, 2024, by and between the City of Malibu (hereinafter referred to as the "City"), and LAZ Parking California, LLC (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 personnel that are able to perform the services required under this Agreement.

B. The City desires to contract for services related to parking enforcement.

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 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 June 10, 2024, and will remain in effect for a period of two years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

3.0 CITY AGENT. The City Manager, or 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 ot exceed $1,093,164 for
the term of the agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee. 3 Agreement for Professional Services
LAZ Parking

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 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 Cons

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

6.0 GENERAL TERMS AND CONDITIONS.

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

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

6.1.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages. 4 Agreement for Professional Services
LAZ Parking

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, 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 duty to indemnify and hold harmless Cit
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 s fees and costs incurred in the defense of such matters to the extent the matters 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 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

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 5 Agreement for Professional Services
LAZ Parking

Consultant.

6.7.1. The Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any control over the conduct of the Consultant, or any of the at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that the Consultant is and shall at all times remain to the City a wholly independent contractor and the Consultant's obligations to the City are solely such as are prescribed by this Agreement.

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

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

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

6.11 Final Payment Acceptance Constitutes Release. The acceptance by the Consultant of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to the Consultant for anything done, Acceptance of payment shall be any
xtra compensation claim within
ten (10) calendar days of the receipt of that check. However, approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of the Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an 6 Agreement for Professional Services
LAZ Parking

assumption of such responsibility or liability by the City for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

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

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

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

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

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

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

6.18 Entire Agreement. This Agreement constitutes the whole agreement between the City and the Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any changes or modifications to this Agreement must be made in writing appropriately executed by both the City 7 Agreement for Professional Services
LAZ Parking

and the Consultant.

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

CITY: Steve McClary
City Manager
City of Malibu
CONSULTANT: Muhammad Mansoor, CAPP
Vice President,
Municipal Operations
23825 Stuart Ranch Road 949 South Coast Drive, Ste. 515 Malibu, CA 90265-4861 Costa Mesa, CA 92626
TEL (310) 456-2489 x 226 (714) 290-4854
FAX (310) 456-2760

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

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

7.1 Disclosure Required. By their respective initials next to this paragraph, City and Consultant hereby acknowledge
of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assumingoffice, annual, and leaving-office financial reporting obligations under the California Political those obligations
at his or her expense. Prior to consultant commencing
prepare and deliver to
City Initials
Consultant Initials

7.2 Disclosure not Required. By their initials next to this paragraph, City and scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) of Interest
Code.

City Initials
8 Agreement for Professional Services
LAZ Parking

Consultant Initials
This Agreement is executed on June 10, 2024, at Malibu, California, and effective as of June 10, 2024.

LAZ PARKING CALIFORNIA, LLC:

By: Michael Kuziak, Chief Operating Officer
CITY OF MALIBU:

STEVE UHRING, Mayor
ATTEST:

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

TREVOR RUSIN, Interim City Attorney
9 Parking Enforcement Services
City of Malibu, CA I February 23, 2024 2. Understandinq the Scope of Work 23

2. UNDERSTANDING THE

SCOPE OF WORK
The City of Malibu deserves an experienced parking company that has a track record of delivering top quality services that will align with the City's goals and objectives. LAZ Parking is ready to work with the City of Malibu to ensure this first-time outsourced parking enforcement program is successful. We will provide the personnel, resources, and know how to implement and sustain this essential service to the residents and stakeholders of the City.

Meeting Malibu's Enforcement Needs
Provide a narrative reflecting the company's understanding of the Scope of Work and detailed proposal to implement the project.

As the City embarks on a partnership with a reputable company to provide essential parking enforcement services to its residents, stakeholders, and visitors, we at LAZ are confident that our team of experts are well well-suited to deliver the highest quality services that are needed and expected by this world-renowned City.

Over the decades, LAZ Parking has developed the knowledge to successfully implement and deliver parking enforcement services for its many clients, many of whom outsourced the service for the first time. LAZ Parking has the experience and depth of support that will ensure a successful launch of the program as well as garner continued support from the community.

LAZ Parking works with communities that have similar parking challenges as Malibu. In West Hollywood, our enforcement team is considered a vital part of the city's services that help regulate and promote equitable parking for the residents, stakeholders, and visitors. Our job is not to issue as many citations but to enforce compliance through fair and consistent practices.

EXHIBIT A
10 Parking Enforcement Services
City of Malibu, CA I February 23, 2024 2. Understandinq the Scope of Work 24 Our approach to meeting and exceeding all the requirements that are outlined in the RFP begins with our three principles; having an experienced supervisor overseeing the day-to-day operations, initial and ongoing training of staff, and utilizing technology to streamline the enforcement process.

PERSONNEL- RECRUITING, ONBOARDING AND TRAINING

EMPLOYEE REQUIREMENTS
Building a strong, skilled workforce that understands their roles and responsibilities is just part of what LAZ Parking does. We continue to foster the employees we have throughout our projects and carefully select new employees as positions become available. All new employees will meet all City and LAZ Parking employment requirements. LAZ Parking will comply with all existing Government Code and City policies. LAZ Parking will also comply with all the City's standards and requirements for employees.

RECRUITING & HIRING PROCESS

PRE-EMPLOYMENT PROCESS
LAZ Parking has a comprehensive preemployment screening program in place to make sure that only the most qualified
candidates are chosen for employment.

Pre- employment screening is an
effective risk management tool that
promotes a safe and profitable
workplace by helping to limit the
uncertainty inherent in the hiring
process.

Our pre-screening techniques significantly reduce potential violence, theft, financial loss, sexual harassment, and other workplace problems.

PRELIMINARY PRE-INTERVIEW SCREENING
At the front-end of the process, LAZ Parking has a dedicated LA-based talent acquisition team to pre-screen candidates before they are invited in for formal interviews. Hiring managers are trained in how to narrow down the potential pool of applicants to qualified individuals, and how to thoroughly check employment and personal references.
11 Parking Enforcement Services
City of Malibu, CA I February 23, 2024 2. Understandinq the Scope of Work 25

BACKGROUND CHECKS
All candidates for employment, prior to receiving an employment offer, must successfully pass a criminal background check. Depending on the preference of our client at any given location, candidates may also have to pass a pre-employment drug test.

THIRD-PARTY RECORD CHECKS
LAZ Parking uses the services of American Background Information Services, Inc., to perform background checks (including criminal record searches, credit history and motor vehicle record searches) on all prospective entry-level and management candidates. Screening of all management-level candidates, including supervisors, specifically covers criminal records, credit violations, motor vehicle driving infractions (if the positions involve driving), educational credentials and prior employment. Candidates for non-management positions that involve driving are screened for criminal and motor vehicle driving infractions. If the position does not involve driving, the candidate is screened for a criminal record.

PRE-EMPLOYMENT DRUG TESTS
Pre-employment drug testing is required of all candidates for employment. We administer similar drug screening tests at all managed locations.

INITIAL EMPLOYMENT
All new hires, full or part-time, are required to conform to the rules and regulations of LAZ and are expected to perform their duties in the best interests of LAZ and its customers. The Human Resources Department performs a criminal background check for all new hires and follows the guidelines set forth by state and local government. All new hires participate in LAZ Parking's orientation program. Federal laws require that every employee must show proof of citizenship or a right-to-work document.

PROACTIVE RECRUITING AND CONTINUOUS HIRING
Our local HR team is continuously recruiting and on-boarding to ensure staffing fills any turn-over. This allows us to have a large pool of candidates readily available to fill shifts. This proactive strategy mitigates the risk of being short-staffed due to turnover. In addition, LAZ hosts municipal specific job fairs at least twice a year to consolidate candidates for the various job positions available across all our locations. Each job fair has yielded at least 7-8 on-the-spot job offers.
12 Parking Enforcement Services
City of Malibu, CA I February 23, 2024 2. Understandinq the Scope of Work 26 WEEK2:

CLASSROOM/FlELD

TRAINING
WEEK 1:

TRAINING

PARKING ENFORCEMENT PERSONNEL AND TRAINING
LAZ Parking is aware of the impact initial and ongoing training has on the performance of our enforcement officers.

We believe well- trained officers will ensure a high rate of enforcement resulting in increased compliance and reduce negative backlash from citizens who may protest effective enforcement. We will provide extensive in-house training with a formal induction program for new employees, continuing on-the-job training, and participation in training.

LAZ Parking staff working at this project will go through a 24-hour classroom style initial training and 32 hours of onthe-job training including field training with LAZ Parking supervisory staff.

As needed, we will also provide re-training and/or follow-up training required to correct deficiencies in performance. LAZ Parking will also provide staff with at least eight (8) hours of annual refresher courses and training. Topics will include, but are not limited to, Standard Operating Procedures (SOPs), changes in the law, new aspects of the City's parking program, refresher or expanded training in customer relations, conflict de-escalation, and safety.

Continuing training, subject matter, and schedules will be reviewed and approved by the City representative prior to any training taking place.

New hires go through a combination of classroom and field training, including ridealong training with supervisors. New hire training typically lasts 1-2 weeks, following the curriculum shown in the table below.

LAZ Parking on-boarding and orientation
Officer expectations and responsibilities
Professional Demeanor
Safety Guidelines
Driving
Uniform and personal appearance guidelines
City policies and procedures
Attendance & shift start/end expectations
Handheld/Printer equipment overview
City introduction
Injury/Vehicle accident reporting
Radio etiquette and NATO codes
Beat assignment maps
Municipal Code and C.V.C. overview
Permit Enforcement
Impound and booting procedures
Call logs
Officer daily assignment sheet
Appeals process and guidelines
Introduction to Officer Performance Reviews
Citation issuance overview and equipment training
Field training
13 Parking Enforcement Services
City of Malibu, CA I February 23, 2024 2. Understandinq the Scope of Work 27 Customer Service & Public Relations
We have a strong record of success in providing exceptional service to our customers. LAZ Parking provides excellent service to its government partners and to the end users (motorists) and believes that investment in our people strengthens the ability to excel in customer service. LAZ Parking employees are
ambassadors for the cities they represent, and they are regularly recognized by the public and LAZ Parking customers for their efforts.

During this extensive training, LAZ Parking team members are taught the entire range of customer service skills necessary for their jobs and how to deal with difficult customers and/or situations. To make the training session more interactive, attendees engage in roleplaying and group activities. We focus on their customer service skills; given our presence in the field, we work very hard to ensure that our team is always ready to display a positive approach and a professional appearance. They are also trained in how to leave a positive impression on the residents of and visitors to the City.

Some of the topics covered under our
customer service training are:

First Impressions
Aggressive Hospitality
Major "Do's" and "Don'ts"
Conflict Resolution
Service Recovery
Telephone Etiquette
Communication
We are also committed to continuous training throughout the year. Wellness checks and monthly officer reviews
allow management to assess refresher training
opportunities for the staff. In addition, LAZ conducts annual training sessions for all officers to review core principles such as conflict de-escalation and resolution, driving safety, traffic control, customer service, and LAZ Code of Conduct.

We understand that our employees will have considerable interaction with the public. In most cases, these motorists will be under the impression these employees are City
employees. As such, the LAZ Parking team recognizes the City is entrusting them with its reputation, and we take this responsibility very seriously.
14 Parking Enforcement Services
City of Malibu, CA I February 23, 2024 2. Understandinq the Scope of Work 28 Our goal will be to ensure that all personnel serve as
ambassadors of the City. This goal will be accomplished by hiring good people, training them well, treating them with respect, and providing them with the training and the tools they need to do a good job. In turn, the expectation is they will, without fail, conduct themselves in a professional manner and treat the City's citizens politely and in a helpful manner.

It is understood that despite our best efforts, complaints may arise. Motorists have the legal right to report unprofessional or illegal behavior by LAZ Parking staff. Staff members are trained and expected to respond in a professional and courteous manner during complaints. In the event a motorist is not satisfied with the actions of behavior of a staff member, the LAZ Parking employee will provide the motorist with his/her name, badge number, and the name and telephone number of the office upon request.

Each officer's complaint will be handled by the Site Supervisor. The supervisor will speak with the complainant and document the encounter. Then, the officer will have the opportunity to respond to the complaint. Based on the information at hand, including any data reports that would add more information, if the officer was not found to have done anything wrong, then the investigation will be closed. However, if there was fault found with the officer, appropriate action and counseling will take place, including disciplinary action if a policy or procedure was not followed. The results of the investigation, whether the officer was found to be at fault, will be filed into the officer's personnel file. PROFESSIONAL SERVICES In our due diligence phase, our team drove around Malibu and along PCH multiple times to determine the best staffing schedule that would provide a level of service to meet the scope of service the City requires. Building a culture of compliance requires a consistent level of parking enforcement that can be achieved with reliable and well-trained parking enforcement officers.

Our site supervisor will spend most of their time in the field whenever possible to assist with calls for service and additional assistance with time restricted zones or along PCH. They will be available during normal business hours to meet with City officials or attend any meetings as needed.
15 Parking Enforcement Services
City of Malibu, CA I February 23, 2024 2. Understandinq the Scope of Work 29 LAZ Parking will provide the following services as outlined in the RFP under Scope of Work:

Requirement #1: Provide a minimum of (3) staffed parking enforcement vehicles operating within the City seven days a week, 24 hours a day from Memorial Day through Labor Day (late May - early September).

Our proposed baseline schedule considers that weekends will be the busiest during the summer months. We also included a lead position, in addition to the site supervisor, to ensure there is adequate supervision during the weekends. We understand that 24/7 coverage is required during this timeframe and have allocated resources to meet that requirement.

We understand the scope of the project and can also foresee the need for additional enforcement services that may not have been realized with a minimum level of staffing. We have witnessed firsthand the increase in enforcement services in the cities of Burbank, Santa Ana, Manhattan Beach, Salinas, San Mateo, and Palo Alto where each were first time outsourced programs.

In our proposed schedule, we suggest adding the following:
1 additional lead position for the PM/GY shifts
2 additional full-time GY shift PEO so that there always be at least 2 officers patrolling for graveyard shift as a safety back-up.
16 Parking Enforcement Services
City of Malibu, CA I February 23, 2024 2. Understandinq the Scope of Work 30 Requirement #2:Provide a minimum of (2) staffed parking enforcement vehicles operating within the City from 10 a.m. - 8 p.m. seven days a week between Labor Day and Memorial Day (September - May).

In the fall/winter months, we feel that the proposed baseline schedule below provides adequate coverage. With other LAZ locations available around the area, we are confident we can re-assign staff to other locations to maintain their work status and then bring them back in the summertime.

Requirement #3:Conduct parking enforcement services in accordance with all parking regulations and ordinances throughout the City, including business areas, residential communities, beach front roadways, and Pacific Coast Highway.

LAZ understands that each municipality has different regulations and customizes enforcement strategy for each client. In reviewing the Malibu municipal code and RFP requirements, LAZ will focus enforcement efforts on the following regulations:

M.M.C. 10.18.030 Parking restrictions for oversize commercial vehicles M.M.C. 10.19.020, Overnight parking restrictions
M.M.C. 10.20.050, Parking restrictions in the Malibu Country Estates M.M.C. 10.24.050, Parking restrictions in the Point Dume Neighborhood We understand that enforcement along the 21-mile stretch of Pacific Coast Highway, especially during the summer months, is critical for the overall public safety of residents and visitors. Most of the overnight restrictions are either between 12:00 a.m. to 2:00 a.m. or 2:00 a.m. to 4:00 a.m.

We will ensure that we have a well-trained overnight staff to identify vehicles in violation and issue citations and/or tow vehicles as appropriate. Consistent enforcement is key and therefore multiple patrols of the hot spot areas will help promote compliance. Below we describe our experience and expertise in common municipal enforcement challenges, such as permit parking, citing vehicles parking on private commercial property, and exceeding time limit. 17 Parking Enforcement Services
City of Malibu, CA I February 23, 2024 2. Understandinq the Scope of Work 31 Expertise in Residential Parking Permit Enforcement
Enforcing residential areas with permit restrictions is something LAZ is an expert at. In 2023, our West Hollywood parking enforcement teams staff issued close to 47,000 residential parking permit citations. Staff will be trained to recognize Malibu residential parking permits and any other vehicles who may be exempt from restrictions. If the City is interested, we can utilize LPR technology to timemark those vehicles who park over the 90-minute limit without a permit in the residential areas. In Burbank, we issued close to 1,500 citations for overtime parking in 2023, utilizing LPR technology to identify offenders. LAZ also has extensive experience in enforcing virtual permits using LPRs and handhelds, should the City decide to pursue that route in the future with their parking permit program.

Experience in Commercial Parking Lot Challenges
Malibu is world-renowned for its picturesque coastline and with that brings thousands of visitors each year from across Southern California and around the world. Parking is always a challenge, especially when visitors do not feel the need to pay for parking and try to find ways to circumvent paying for parking. Shopping areas adjacent to the beaches are affected, which in turn affects the ability for customers to park to patronize their businesses.

For example, Malibu Country Mart and Malibu Village are shopping centers that are across the street from Malibu Lagoon State Park. Signs posted around the parking lots indicate that beach visitors frequently park in the lots, cross the street at PCH, and enter the park, to avoid paying for parking. While the parking lots are considered private property, LAZ can work with the businesses to help with unauthorized parkers. In West Hollywood, there are a few locations where our parking enforcement officers respond to property management and security calls to enforce unauthorized parking, on a per complaint basis, to ensure private parking lots are only for those visiting those businesses.

When a parking enforcement officer responds to a service call, the officer will meet with the person who called in the request. They will identify the vehicle that is not authorized to park in the lot, usually determined by security through observation. The officer will issue a citation for parking in a private lot, and as an added sense of confirmation, the security guard or business will sign off on a second print-out of the citation. 18 Parking Enforcement Services
City of Malibu, CA I February 23, 2024 2. Understandinq the Scope of Work 32 Therefore, if the motorist calls in to contest the citation, there will be a record of who called in the complaint. LAZ will only enforce private parking lots on a per complaint basis, and only after other priority enforcement areas have been covered.

Consistent Time-Limit Enforcement
In addition, enforcement of time-limit parking around shopping districts helps promote parking turnover so that other visitors can patronize businesses to help with the local economy. Enforcement routes for the day shift will include multiple patrols of Cross Creek Road, that has a 3-hour parking limit. In areas where time-limit parking has been an issue, LAZ has helped other cities improve parking turnover, especially highly congested areas in West Hollywood where the City must balance the needs of residents, visitors, and businesses.

Requirement #4:Coordinate with City staff and the Los Angeles County Sheriff's Department to develop coverage schedules to maximize effectiveness and prevent duplication of effort.

Routine patrols are predictable. LAZ Parking will provide dynamic routing procedures based on multiple inputs that are designed to maximize efficiency and effectiveness of enforcement officers. Several factors include:

DIGITAL MAPPING: As part of LAZ's commitment, we will complete a full audit of the current site conditions, including signage, time zones, no parking zones, loading zones, ADA parking, etc. All these factors will be contained in a digital map that will guide LAZ's initial enforcement efforts.

OCCUPANCY AND COMPLIANCE REPORTING: Our enforcement effort will include recording and reporting on key data sets, such as occupancy and compliance by facility.

HEAT MAPPING AND OFFICER TRACKING: Our systems include state-of-the-art reporting and monitoring of all officer activities.

Using data analysis and collaborating with City staff and the LA County Sheriff's Department, LAZ will fine tune coverage schedules throughout the first few months of implementation.

Requirement #5:Conduct operations with handheld citation-issuance devices to ensure citations are being administered and tracked through the Turbo Data ticketPRO service being utilized by the City.

LAZ team members are highly versatile and can adapt to all different types of technology. Being enforcement software agnostic, we will work with the team to use the TurboData ticketPRO system. Our proposed manager, David Duran, used TurboData when he managed the Manhattan Beach location and trained all the officers there on how to use the system. We currently utilize TurboData in multiple locations including Newport Beach, San Mateo, San Bruno, and San Marcos.
19 Parking Enforcement Services
City of Malibu, CA I February 23, 2024 2. Understandinq the Scope of Work 33 safety issues.

Requirement #6: Initiate vehicle tows, if possible, or work with the Sheriff's Department to remove vehicles creating public safety concerns (i.e. blocking driveways, blocking fire hydrants, blocking ingress or egress to areas meant for the public).

LAZ has many years of experience in impounding vehicles at many locations, including Inglewood and West Hollywood. In West Hollywood, there is a dedicated tow officer in the PM shift that handles majority of impounds. However, all officers are cross trained in how to identify a towable offense and complete the CHP 180 process. In 2023, our team in West Hollywood initiated 2,600 tows. 55% of those tows were for blocked driveways, fire hydrants, peak hour, and obstructing traffic. LAZ will comply with this requirement and work with the Sheriff's Department to remove vehicles creating public Requirement #7: Participate in community meetings, as needed, to provide insight on parking enforcement operations and gain knowledge about areas where additional parking enforcement will be required.

LAZ believes the key to a successful parking enforcement program is a strong relationship between all stakeholders.

Our teams across the country, including here in the Los Angeles region, actively participate in community building events and meetings. Understanding the needs of the community and working with City staff builds a sense of trust.

We work hard to change the narrative of the stereotypical "meter maids" to more customer service-based enforcement.

In Manhattan Beach, the supervisor frequently met with business leaders to come up with solutions for improved street sweeping enforcement. In West Hollywood, we participate in National Night Out, where we send our team of supervisors and managers to neighborhood block parties to answer any questions, address concerns, and just be a part of the community.

When we launched our operation in Burbank, we made it a point to participate in community events such as Police and Fire Day, National Night Out, and "Coffee with Cops" to introduce ourselves to the residents and businesses. We had our patrol cars displayed and gave out LAZ swag so that we could get to know the
community. We were well received and many residents we happy to see that the City allocated additional resources to assist with parking challenges they faced.

Requirement #8: Be available to the City's Public Safety Department, the Los Angeles County Sheriff's Department, and Los Angeles County Fire Department and Paramedics to respond to requests for service during operation periods, which include scaling up or scaling down enforcement.
20 Parking Enforcement Services
City of Malibu, CA I February 23, 2024 2. Understandinq the Scope of Work 34 LAZ is accustomed to providing enforcement that is flexible based on client needs. Implementing and managing a program of this size and magnitude is a major undertaking for any
organization, with substantial change for the organization and the people involved. Where there is major change, there is complexity and risk, many interdependencies to manage, and conflicting priorities to resolve. City of Malibu needs a partner who has the right experience, proven track record, and vision to work with the City to achieve stated current and future goals.

Throughout this proposal, we have highlighted our experience and knowledge gained from 40 years of managing similar complex parking enforcement programs that are operated round the clock, 365 days a year. Working closely with the local law enforcement, City departments, and other public safety entities is a crucial part in our partnership with the City.

Requirement #9: The scope of services does not require the contractor to administer administrative hearings for contested parking citations; however, the City may require the contractor to participate in such proceedings as needed.

LAZ staff regularly participate in adjudication and impound hearings when officers are requested to be present. In addition, we have defended citations during court appeals.

ENFORCEMENT VEHICLES
LAZ Parking will provide three (3) parking enforcement vehicles for parking enforcement activities based on the proposed staffing plan and as specified on the pricing form. With the approval of the City, it is our intent to provide brand new 2024 model Toyota Corolla Hybrids. The vehicles will be equipped with the following hardware and software.

GLOBAL POSITIONING SYSTEM (GPS) AND DASH CAMERAS
As part of LAZ's commitment to safety, each vehicle will be equipped with GPS tracking units and dash cameras. LAZ utilizes Samara, a state-of-the-art vehicle telematics system. This type of tracking system will provide up to 60- second updates on vehicle movement, driving
behavior, and idle times and send alerts to emails
and cell phones for infraction of a set rule.

The ability to monitor movement and driving
behavior and patterns of enforcement officers will
allow management to address issues promptly,
create efficiencies, and improve officer productivity.

Not only does the system provide a live feed of
vehicle activity, but also records are archived in case of complaints (e.g., for driving over the speed limit or skipping violating vehicles). The record can be traced back to the driving officer's activity for that day and time. 21 Parking Enforcement Services
City of Malibu, CA I February 23, 2024 2. Understandinq the Scope of Work 35 Dash cameras, both driver facing and street facing, are essential tools for any site supervisor. Infractions such as inattentive driving, mobile device usage, and no seat belt, are different alerts sent to the site supervisor to coach employees on the important of safe driving.

SAFETY LIGHTS
All vehicles will be mounted with alternating LED lights. These lights will be used when staff are patrolling to warn other vehicles about their vehicle's slower movement.

VEHICLE MARKING
LAZ Parking will obtain City approval prior to ordering decals for the marking of all vehicles. All vehicles will have markings clearly identifying all LAZ Parking vehicles. The rear of all patrol vehicles will have a sign warning of frequent vehicle stops. We propose a sign for driver and passenger side of each vehicle with marking like the
sample picture.

VEHICLE MAINTENANCE PLAN
LAZ Parking takes pride in delivering our very best to our customers and clients. This is reflected in how we carry ourselves, our clean uniforms, and the proper care of equipment, including our vehicles. Our enforcement vehicles reflect the detail and care we take in every aspect of our business. LAZ Parking will provide new, eco-friendly Toyota Corolla Hybrids' for this contract and will take measured steps to ensure these vehicles are well maintained and presentable to the public.

The fleet maintenance plan will include a monthly record of maintenance performed on each vehicle by Date, Unit
number, Vendor, maintenance performed, and cost. A
vehicle inspection log is incorporated in the Officer Daily Log to document daily vehicle inspections. Parking
enforcement officers and supervisors are responsible for daily inspections of the vehicles and supervisors are responsible for weekly vehicle maintenance inspections. Every vehicle will be washed on a weekly basis.
22 Parking Enforcement Services
City of Malibu, CA I February 23, 2024 2. Understandinq the Scope of Work 36

DAILY VEHICLE INSPECTION
Pre- and post-shift visual inspection conducted by the supervisor along with the parking enforcement officer and notated on the vehicle inspection form. Once the inspection is complete, both supervisor and P.E.O. initial the inspection form.

Visually inspect the vehicle for physical damage and notated on the form
Visually inspect to ensure brake lights, running lights, turn signals, windshield wiper and amber lights are working properly Visually inspect tires to ensure they are properly inflated, and tread level is acceptable
Visually inspect to ensure vehicles are equipped with proper safety kits, including first aid, cones, and hazard marking devices such as flares
Visually inspect the interior of the vehicle for cleanliness

EQUIPMENT AND SUPPLIES
Per RFP requirement, LAZ will provide all citation TurboData handhelds, printers, radios, and all citation related equipment and supplies for this contract.

UNIFORMS AND STAFF IDENTIFICATION
LAZ Parking acknowledges that the City must
approve all uniforms. As ambassadors of the City,
we recognize the importance of employee
appearance. We will ensure that our staff is supplied
proper uniform and appropriate equipment needed
to do their jobs well and safely. Staff will be
provided with enough uniform shirts and pants to
make sure they always maintain a professional
appearance. All staff will be issued jackets and hats
for inclement weather. Additionally, LAZ Parking will
provide staff with photo identification, name tags,
and badges that clearly state the company name and the staff person's name. For enforcement operations, we propose an ambassador style uniform that include uniform shirts (color selected by City) and dark trousers/shorts, black leather boots/shoes, black leather belt, silver color name plate, operable 3 cell flashlights for night officers, high visibility traffic safety vests, highly visible rain gear, dark blue or black baseball cap with "Parking Enforcement" embroidered in white. The standard LAZ Parking ID badges contain the employee's picture and LAZ Parking employee ID number, which the employees will always wear while on duty. 23 Agreement for Professional Services
LAZ Parking

EXHIBIT B

INSURANCE LANGUAGE
services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

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

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

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

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

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

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

Should Consultant obtain and maintain an excess liability policy, such policy shall be excess 24 Agreement for Professional Services
LAZ Parking

over commerc
policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by Risk Manager prior to commencement of performance.

Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

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

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

Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest Manager.

Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants. 25 Agreement for Professional Services
LAZ Parking

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

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

Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of of the required insurance coverages -renewal.

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

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

Separation of Insureds
whom
claim is made or suit is brought, except with respect to the liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity comply with this requirement, which proof must be submitted to the City, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific ris with limits less than
required of the Consultant, but in all other terms consistent with 26 Agreement for Professional Services
LAZ Parking

requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review. to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety c compensation.

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

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

Additional Insurance. The consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
27

Agenda Item # 3.B.19.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Richard Mollica, Planning Director
Patricia Salazar, Development and Operations Manager
Reviewed by: Joseph D. Toney, Assistant City Manager
Approved by: Steve McClary, City Manager
Date prepared: June 6, 2024 Meeting date: June 10, 2024 Subject: Amendment No. 2 to Services Agreement with Rincon Consultants, Inc. Expedited Contract Planning Services
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 2 to Professional Services Agreement with Rincon Consultants, Inc. for expedited contract planning services related to the Cross Creek Ranch shopping center development agreement.

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

The costs for the services are being paid from funds deposited by Cross Creek Ranch Malibu, LLC (Developer).

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

DISCUSSION: The Cross Creek Ranch shopping center (formerly known as La Paz Ranch) was developed pursuant to a development agreement1 that provided a number of benefits to the City. The development agreement included a provision to expedite planning entitlement and permits related to the project. Section 5.5 states as follows:
1 The Development Agreement was approved by the City Council on November 24, 2008 and was subject to approval by the California Coastal Commission. Documents related to the La Paz Ranch project approvals are available at malibucity.org/crosscreekranch.

City Council Meeting
06-10-24
Item

3.B.19.
1

Agenda Item # 3.B.19.

CITY Processing of Permit Applications On An Expedited Basis. The CITY shall expedite the processing of all permits needed for the Preferred Project at LA PAZ’s expense, including, but not limited to, all plan checking, excavation, grading, building, encroachment and street improvement permits, certificates of occupancy, utility connection authorizations, and other permits or approvals necessary, convenient or appropriate for the grading, excavation, construction, development, improvement, use and occupancy of the Projects in accordance with the CITY’s accelerated plan check process under the Applicable Rules. Without limiting the foregoing, if requested by LA PAZ, the CITY agrees to utilize contract planners and plan checkers (at LA PAZ’s sole cost), and any other reasonably available means, to expedite the processing of Project applications and approvals, including concurrent processing applications by various CITY departments.

In September 2023, the City entered into a settlement agreement with the Developer which among other things tolled the expiration date of the development agreement to August 14, 2024. Concurrently, the Developer began to file applications to the Planning Department for processing.

Due to the urgency of the matter, in September 2023, the City solicited the assistance of Rincon Consultants, Inc. for expedited contract planning services to process planning clearances, sign permits, tenant improvements, tenant outdoor lighting applications, and conditional use permits.

To begin work, the City authorized Rincon to proceed under its existing agreement for planning contract services. However, to not encumber appropriation meant for the planning contract services, staff is requesting that the Council amend Section 4.0 (Compensation for Services) to clarify that the services related to Cross Creek Ranch shall be funded by deposits for services made by the Developer. The amendment adds the following language to Section 4.0 to clarify the terms: “…and work performed on expedited-planning review services for the Cross Creek Ranch Malibu shopping center shall not exceed the amount required for the project which has deposited by the applicant in order for the City to reimburse Consultant” Making this distinction will maintain the City’s ability to utilize Rincon for regular contract planning services through the term of the agreement without depleting the existing not to exceed amount based on work related to the Cross Creek Ranch development.

Staff recommends the City Council approve the amendment to maintain services.

ATTACHMENTS: Amendment No. 2 to Professional Services Agreement with Rincon Consultants, Inc.
2 AMENDMENT NO. 2 TO AGREEMENT
THIS AMENDMENT NO. 2 TO AGREEMENT is made and entered in the City of Malibu on June 10, 2024, by and between the CITY OF MALIBU, hereinafter referred to as City, and Rincon Consultants, Inc., hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On October 26, 2022, the City entered into an Agreement with Consultant for contract planning services (the “Agreement”).

B. On November 28, 2022, the City approved Amendment No. 1 to Agreement to increase the compensation.

C. The City desires to amend the Agreement to include services related to expedited planning entitlements for the Cross Creek Ranch Malibu (formerly known as La Paz Ranch) shopping center pursuant to Section 5.5 (City Processing of Permit Applications On An Expedited Basis.) of the Malibu City Council Ordinance No. 330, approved by the Coastal Commission on March 10, 2010, and recorded as Document No. 20150150136 on February 10, 2015, (“Development Agreement”), and amended by the Settlement Agreement recorded as Document No. 20230610838 on September 13, 2023, and Consultant has submitted a proposal for this purpose that is acceptable to the City.

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

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

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work attached as Exhibit A. The cost of services shall not exceed $275,000 for contract planning services; and work performed on expedited-planning review services for the Cross Creek Ranch Malibu shopping center shall not exceed the amount required for the project which has deposited by the applicant in order for the City to reimburse Consultant. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his designee.

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

3. All terms and conditions of the Agreement not amended by this Amendment No. 2 remain in full force and effect.

This Agreement is executed on ______________________, at Malibu, California, and effective as of June 10, 2024.

CITY OF MALIBU:
____________________________________
STEVE UHRING, Mayor
3 Attachment 1
Amendment No. 2 to Agreement
Rincon Consultants Inc.

_____________________
255-2
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: CONSULTANT:
_____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: JENNIFER HADOW
Title: Vice President
4

Agenda Item # 4.A.

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 2, 2024 Meeting date: June 10, 2024
Subject: Assessment District 98-1 (Big Rock Mesa)
RECOMMENDED ACTION: 1) Conduct the Public Hearing; and 2) Adopt Resolution No. 24-20 levying an assessment for the maintenance, repair, and improvements works, systems and facilities pertaining to Assessment District 98-1 (Big Rock Mesa) for Fiscal Year 2024-2025.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action. All revenues and expenditures are recorded in the Big Rock Mesa Landslide Maintenance District Fund 290 (District). The total FY 2024-25 budget for this District is $402,233 which is an increase of 27.46% from the previous year’s budget. This year’s budget includes continued operation, maintenance, and capital improvements.

The assessment collected for this District will generate the revenue to offset the operation and maintenance budget, the reserve amount, and delinquencies. The proposed assessment for this District is $370,836.54, which is 4.03% greater than last year’s assessments. Assessments in this District can be increased by the Consumer Price Index up to a maximum of 5%.

Each single-family home and condominium/apartment in this District will be assessed depending on their property's land use and associated benefits received. The following is a summary of the proposed assessments for this district:

Land Use FY 2024-25 Proposed Assessments
Single-family Home $1,050.38
City Council Meeting
06-10-24
Item

4.A.
1

Agenda Item # 4.A.

Condominium/Apartment $866.56
(see Table IV-1 on page 5 of Assessment Engineer’s Report – Attachment 1).

The maximum allowable assessment amount is $1,050.38 (Single-family Home), which includes an allowed annual increase set by the Consumer Price Index of 4.03%. The annual assessment for Fiscal Year 2024-2025 shows an increase of $41.11 (Single-family Home) to $33.57 (Condominium/Apartment) from the 2023-2024 assessments.

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

DISCUSSION: The City administers the Big Rock Mesa Landslide Assessment District on behalf of the District’s homeowners. The District was originally established by Los Angeles County as County Improvement District No. 2629R2 following the major landslide during the winter storms in 1983, with the purpose of improving the stability of the landslide. As a result of the “El Nino” storms in 1998 and landslide movement, the City Council formed Assessment District 98-1 (Big Rock Mesa) pursuant to the Municipal Improvement Act of 1913. This District was formed to build new dewatering and monitoring facilities in the eastern mesa area and to take over maintenance of the entire dewatering system, replacing the Los Angeles County assessment district's maintenance function.

Yeh & Associates, Inc., under contract with the City of Malibu, monitors and maintains the District facilities that include 24 dewatering wells, 36 hydraugers, and numerous slope inclinometers and standpipe piezometers. The dewatering wells and hydraugers lower the groundwater level in the landslide area, improving the stability of the hillside. Readings from the hydraugers are recorded monthly. The volume of groundwater is recorded from the dewatering wells monthly. Ground water levels are measured within the inclinometers/standpipe piezometers monthly. Monitoring subsurface land movement is done using slope inclinometers, drilled into the ground up to 400 ft. The inclinometers are recorded quarterly to annually. In addition, the quality of the water extracted is monitored on a quarterly basis in accordance with the Districts’ National Pollutant Discharge Elimination System (NPDES) permit.

For the upcoming fiscal year, anticipated work budgeted includes NPDES water quality monitoring, recording discharge from dewatering wells and hydraugers, slope inclinometer surveys, crack and ground surface monitoring, groundwater level monitoring, performing maintenance to dewatering wells, hydraugers, collection piping, and equipment, and data management, administration, and reporting. Proposed capital improvement projects being coordinated for the next year include replacing an existing inclinometer and repairing storm drain hydraugers.
2

Agenda Item # 4.A.

Both the Annual Assessment District report and the Annual Maintenance District reports are posted on the City’s website. In May 2024, a letter was sent to all property owners in the district advising them of the availability of these reports (Attachment 2).

At a future meeting this coming fiscal year, staff will provide Council with a comprehensive financial analysis of anticipated financial needs of the Big Rock Mesa Landslide Maintenance District. This analysis will include future operational costs, capital improvements and management of the District.

ATTACHMENTS:

1. Resolution No. 24-20

2. Letter sent to property owners on availability of annual reports

3. Notice of Public Hearing
3 ATTACHMENT 1
RESOLUTION NO. 24-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

LEVYING AN ASSESSMENT FOR THE MAINTENANCE, REPAIR AND

IMPROVEMENT OF WORKS, SYSTEMS AND FACILITIES OF
ASSESSMENT DISTRICT NO. 98-1 (BIG ROCK MESA) 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. The City Council of the City of Malibu, State of California, did on May 11, 1998, adopt its resolution of intention, Resolution No. 98-030, pursuant to the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code (commencing with Section 10000) (the "1913 Act") and the alternative proceedings under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Part 7.5 of Division 4 of the Streets and Highways Code (commencing with Section 2960), for the reconstruction and annual maintenance of certain public improvements, together with appurtenances and appurtenant work in connection therewith (collectively, the "Improvements"), in a special assessment district known and designated as Assessment District No. 98-1 (Big Rock Mesa) (hereinafter referred to as the "Assessment District").

B. Section 5 of the Resolution of Intention No. 98-030 declared the Council’s intention to levy an assessment to maintain, repair or improve the Improvements pursuant to Section 10100.8 of the 1913 Act.

C. On June 29, 1998, the City Council adopted Resolution No. 98-049 confirming assessments and ordering improvements made for Assessment District No. 98-1.

D. The City Council proposes to levy an assessment for the maintenance, repair and improvement of the Improvements for Fiscal Year 2023-2024 pursuant to the authorization contained in Section 5 of the Resolution of Intention No. 98-030.

E. The City Clerk fixed a time and place for a public hearing relating to the proposed assessment.

F. At the time set for the public hearing, all comments, objections and protests were duly heard and considered.

G. All evidence, both oral and written, relative to the necessity for the proposed assessment was heard and considered.

H. The City Council is now satisfied as to the proposed assessment.

I. The City Council previously designated the City Engineer to perform the duties of the Superintendent of Streets for purposes of the proceedings in connection with the annual levy of assessments for the maintenance and repair or improvement of the Improvements pursuant to Section 10100.8 of the 1913 Act. 4 Resolution No. 24-20

_____________________
ATTACHMENT 1
SECTION 2. The Annual Assessment Report for Assessment District No. 98-1, City of Malibu, Big Rock Mesa, dated June 10, 2024 (Attachment A) is hereby accepted.

SECTION 3. The City Council hereby approves the estimate of expenditures for the maintenance, repair and improvement of the Improvements for Fiscal Year 2024-2025 as shown on Exhibit A of the Annual Assessment Report, attached hereto and incorporated herein by reference. The City Council hereby determines to levy and collect a special assessment in the amount of the estimate of expenditures contained in Exhibit B of the Engineer’s Report, attached hereto and incorporated herein by reference, such special assessment to provide for the maintenance, repair and improvement of the Improvements for Fiscal Year 2024-2025.

SECTION 4. The apportionment and the method of spread of the special assessment, as shown in Exhibit C of the Engineer’s Report, attached hereto and incorporated herein by reference, are hereby approved and adopted as being a correct and proper apportionment, the assessment having been spread in accordance with benefits to be received.

SECTION 5. The assessments set forth in Exhibit B of the Engineer’s Report, attached hereto and incorporated herein by reference are hereby confirmed and the City Council hereby determines that the assessments as set forth in Exhibit B shall be levied, collected and enforced at the same time, in the same manner, by the same officers, and with the same interest and penalties as in the case of the assessment levied to pay for the Improvements.

SECTION 6. The City Council hereby finds that, due to the marginal stability of the Big Rock area and the nature of the Big Rock Mesa landslide mitigation system and facilities, the approved maintenance, repair and improvement expenses have to be incurred in order to maintain the level of benefit to the assessed parcels. The City Council further finds that the level of benefit derived from the Improvements would otherwise decline more rapidly than usual for other public works of the type involved because of the circumstances which do not ordinarily affect such public works, to wit, geologic instability.

SECTION 7. The City Council hereby finds that notice of the time and place of the public hearing regarding the proposed assessment has been given as required by law.

SECTION 8. A special fund was established to be maintained and administered in accordance with the provisions of Section 10100.8 of the 1913 Act, into which all payments received upon the assessment shall be deposited.

SECTION 9. The officers of the City are hereby authorized and directed to take such actions as may, in the view of such officers, be necessary or appropriate to implement the matters contemplated by this Resolution and the other documents and instruments related thereto.

SECTION 10. The levy of the proposed assessment is for the maintenance, repair or minor alteration of existing facilities to provide landslide mitigation services. Therefore, the City Council hereby finds that the assessment and this Resolution have no significant effect on the environment for the purposes of the California Environmental Quality Act ("CEQA"). The assessment and this 5 Resolution No. 24-20

_____________________
ATTACHMENT 1
Resolution are therefore exempt from CEQA pursuant to Title 14 of the California Code of Regulations Section 15061 (b) (3) and Section 15301.

SECTION 11. 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 10th day of June 2024. _____________________________
STEVE UHRING, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
_________________________________
TREVOR RUSIN, Interim City Attorney
6 Resolution No. 24-20

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ATTACHMENT 1

ATTACHMENT A
7 Resolution No. 24-20

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ATTACHMENT 1
8 Resolution No. 24-20

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9 Resolution No. 24-20

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10 Resolution No. 24-20

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11 Resolution No. 24-20

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12 Resolution No. 24-20

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13 Resolution No. 24-20

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14 Resolution No. 24-20

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15 Resolution No. 24-20

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16 Resolution No. 24-20

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17 Resolution No. 24-20

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18 Resolution No. 24-20

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19 Resolution No. 24-20

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ATTACHMENT 1
20 Resolution No. 24-20

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21 Resolution No. 24-20

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22 Resolution No. 24-20

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23 Resolution No. 24-20

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24 Resolution No. 24-20

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25 Resolution No. 24-20

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26 Resolution No. 24-20

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27 Resolution No. 24-20

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28 Resolution No. 24-20

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29 Resolution No. 24-20

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30 Resolution No. 24-20

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31 Resolution No. 24-20

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32 Resolution No. 24-20

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33 Resolution No. 24-20

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34 Resolution No. 22-XX

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35 Resolution No. 24-20

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ATTACHMENT 1
36 Resolution No. 24-20

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ATTACHMENT 1
37 Resolution No. 24-20

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ATTACHMENT 1
38 May 22, 2024
«Owner_Name»
«Mail_Address_Final»
, «Mail_State_Final» «Map_Zip_Final»
«Special_Name»
Re: Internet Access to Annual Reports -- Assessment District No. 98-1 Assessment No.: «Assessment_Number» Assessor's Parcel No.: «APN» Situs Address:

Dear Property Owner:

The City of Malibu has rescheduled the public hearing to hear comments and consider a resolution levying assessments for the maintenance, repair and improvements of works, systems and facilities for Assessment District No. 98-1 (Big Rock Mesa) to June 10, 2024. The geologist's annual report for the previous fiscal year, which is entitled "FY22/23 Maintenance and Monitoring AD98-1, Big Rock Mesa," is posted on the City of Malibu's website. The report presents detailed discussions on the status of the district and maintenance and monitoring activitiesfor the past fiscal year.

The fiscal year 2024-25 annual assessment report for the assessment district, which is entitled "City of Malibu Assessment District No. 98-1 Big Rock Mesa Annual Administration Report FY 2024-2025," is also posted on the City of Malibu's website. Staff anticipates that this year's assessments will increase by 4.03%, which is equal to the annual change in the CPI (March 2024), asspecified in the annual assessment report. Please follow the steps below to access the reports.

PRIOR YEAR GEOLOGIST AND

ANNUAL ASSESSMENT REPORTS

1. Go to https://www.malibucity.org/

2. Click on City Government (top of page)

3. Click on Public Works(left side of page)

4. Click on Assessment Districts(left side of page)

5. Click on Big Rock Mesa. Within the district's homepage, click on the desired report under Annual Assessment Reports or Geologist's Annual Reports.

If you would like additional information, please contact Brandie Ayala at (310) 456-2489 ext. 352.

Sincerely yours,
Mitch Mosesman
30 Three Sixty Public Finance, Inc.
for
Rob DuBoux
Public Works Director / City Engineer Recycled Paper
City ofMalibu
23825 Stuart Ranch Road Malibu, California 90265-4861
Phone (310) 456-2489 Fax (310) 317-0950 www.malibucity.org ATTACHMENT 2
39 ATTACHMENT 3

NOTICE OF PUBLIC HEARING

CITY OF MALIBU

CITY COUNCIL
The City of Malibu City Council will hold a public hearing on MONDAY, June 10, 2024, at 6:30 p.m. on the item listed below in the Council Chambers at Malibu City Hall, located at 23825 Stuart Ranch Road, Malibu, CA, and via teleconference.

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

PUBLIC HEARING TO HEAR COMMENTS AND CONSIDER

RESOLUTION LEVYING ASSESSMENTS FOR THE

MAINTENANCE, REPAIR AND IMPROVEMENT OF WORKS,
SYSTEMS AND FACILITIES FOR THE FOLLOWING:

Assessment District No. 98-1 (Big Rock)
Written objections or comments regarding the Assessment Districts may be submitted to the City Clerk by email to [email protected] between now and Monday, June 10, 2024. If you are unable to submit your objections by email please contact the City Clerk at (310) 456-2489, ext. 228 to make alternative arrangements. All written objections or comments must be received prior to the opening of the public hearing.

A copy of all relevant material, including resolutions, staff reports, and Engineer's Reports, are on file and available by request. Requests or questions about this notice should be directed to Public Works Director Robert DuBoux at (310) 456-2489 ext. 339 or [email protected].

IF YOU CHALLENGE THE COUNCIL’S ACTION IN COURT, YOU MAY BE LIMITED TO

RAISING ONLY THOSE ISSUES RAISED AT THE PUBLIC HEARING DESCRIBED IN

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

Robert DuBoux, Public Works Director
Publish Date: May 30 and June 6, 2024
40

Agenda Item # 4.B.

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: June 10, 2024
Subject: Assessment District 98-3 (Malibu Road)
RECOMMENDED ACTION: 1) Conduct the Public Hearing; and 2) Adopt Resolution No. 24-21 levying an assessment for the maintenance, repair and improvements works, systems and facilities of Assessment District 98-3 (Malibu Road) for Fiscal Year 2024- 2025.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action. All revenues and expenditures are recorded in Malibu Road Landslide Maintenance District (District) Fund 292. The total District budget for FY 2024-25 is $85,164.00 which is an increase of 11.03% from the previous year’s budget. This year’s budget includes continued operation, maintenance, and capital improvements.

The assessment collected for this District will generate the revenue to offset the operation and maintenance budget, the reserve amount, and delinquencies. The proposed assessment for this District is $67,238.04, which is 4.03% greater than last year’s assessments. Assessments in this District can be increased by the Consumer Price Index up to a maximum of 5%.

Each single-family home and condominium/apartment in this District will be assessed depending on their property's location and associated benefits received. The following is a summary of the proposed assessments for this district:

Zone FY 2024-25 Proposed Assessments
A – Single-family Home $1,344.76
A – Condominium/Apartment $1,109.43
City Council Meeting
06-10-24
Item

4.B.
1

Agenda Item # 4.B.

B – Single-family Home $672.38
B – Condominium/Apartment $437.05
(see Table IV-1 on page 5 of Assessment Engineer’s Report – Attachment 1).

The maximum allowable assessment amount is $1,344.76 (Zone A – Single-family Home), which includes an allowed annual increase set by the Consumer Price Index of 4.03%.

The annual assessment for Fiscal Year 2024-2025 shows an increase of $26.05 (Zone A – Single-family Home) to $16.940 (Zone B – Condominium/Apartment) from the 2023- 2024 assessments.

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

DISCUSSION: The City administers the Malibu Road Landslide Assessment District on behalf of the District’s homeowners. The District was originally established by Los Angeles County as County Service Area No. 2 with the purpose of improving the stability of the landslide activated by the heavy winter storms in 1977-1978. As a result of the “El Nino” storms in 1998 and landslide movement, the City Council formed Assessment District 98- 3 (Malibu Road) pursuant to the Municipal Improvement Act of 1913. This District was formed to construct new dewatering facilities and take over maintenance of the entire dewatering system, replacing the original Los Angeles County assessment district's maintenance function.

Yeh & Associates, Inc., under contract with the City of Malibu, monitors and maintains the District facilities that include 14 dewatering wells, 19 hydraugers, and numerous slope inclinometers and standpipe piezometers. The dewatering wells and hydraugers lower the groundwater level in the landslide area, improving the stability of the hillside. Readings from the hydraugers are recorded monthly. Discharge volume is recorded from the dewatering wells monthly. Water levels are measured within the inclinometers/standpipe piezometers monthly. Monitoring subsurface land movement is done using slope inclinometers, drilled into the ground to depths up to 80 ft. The inclinometers are recorded quarterly to annually.

For the upcoming fiscal year, anticipate work budgeted includes recording discharge from dewatering wells and hydraugers, slope inclinometer surveys, crack and ground surface monitoring, groundwater level monitoring, performing maintenance to dewatering wells, hydraugers, collection piping, and equipment and data management, administration, and reporting. Proposed capital improvement projects being coordinated for the next year include inclinometer replacement and improvements around electrical boxes. 2

Agenda Item # 4.B.

Both the Annual Assessment District report and the Annual Maintenance District reports are posted on the City’s website. In May 2024, a letter was sent to all property owners in the district advising them of the availability of these reports (Attachment 2).

At a future meeting this coming fiscal year, staff will provide Council with a comprehensive financial analysis of anticipated financial needs of the Malibu Road Landslide Maintenance District. This analysis will include future operational costs, capital improvements and management of the District.

ATTACHMENTS:

1. Resolution No. 24-21

2. Letter sent to property owners on availability of annual reports

3. Notice of Public Hearing
3 ATTACHMENT 1
RESOLUTION NO. 24-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU

LEVYING AN ASSESSMENT FOR THE MAINTENANCE, REPAIR AND

IMPROVEMENT OF WORKS, SYSTEMS AND FACILITIES OF
ASSESSMENT DISTRICT NO. 98-3 (MALIBU ROAD) 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. The City Council of the City of Malibu, State of California, did on May 11, 1998, adopt its resolution of intention, Resolution No. 98-036, pursuant to the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code (commencing with Section 10000) (the "1913 Act") and the alternative proceedings under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Part 7.5 of Division 4 of the Streets and Highways Code (commencing with Section 2960), for the reconstruction and annual maintenance of certain public improvements, together with appurtenances and appurtenant work in connection therewith (collectively, the "Improvements"), in a special assessment district known and designated as Assessment District No. 98-3 (Malibu Road) (hereinafter referred to as the "Assessment District").

B. Section 5 of the Resolution of Intention No. 98-036 declared the Council’s intention to levy an assessment to maintain, repair or improve the Improvements pursuant to Section 10100.8 of the 1913 Act.

C. On June 29, 1998, the City Council adopted Resolution No. 98-053 confirming assessments and ordering improvements made for Assessment District No. 98-3.

D. The City Council proposes to levy an assessment for the maintenance, repair and improvement of the Improvements for Fiscal Year 2023-2024 pursuant to the authorization contained in Section 5 of the Resolution of Intention No. 98-036.

E. The City Clerk fixed a time and place for a public hearing relating to the proposed assessment.

F. At the time set for the public hearing, all comments, objections and protests were duly heard and considered.

G. All evidence, both oral and written, relative to the necessity for the proposed assessment was heard and considered.

H. The City Council is now satisfied as to the proposed assessment.

I. The City Council previously designated the City Engineer to perform the duties of the Superintendent of Streets for purposes of the proceedings in connection with the annual levy of assessments for the maintenance and repair or improvement of the Improvements pursuant to Section 10100.8 of the 1913 Act. 4 Resolution No. 24-21