Agenda packet, third session — Malibu City Council, June 24, 2024 (part 1 of 7)

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INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING
Meeting Agenda
AGENDA - 240624.PDF
Item 3A1
Second Reading and Adoption of Ordinance No. 517
CC240624_ITEM 3A1.PDF
Item 3B2
Approve Warrants
CC240624_ITEM 3B2 WITH PAGE NUMBERS.PDF
Item 3B3
Approval of Minutes
CC240624_ITEM 3B3.PDF
Item 3B4
Municipal Law Enforcement Services Agreement with the County of Los Angeles CC240624_ITEM 3B4.PDF
Item 3B5
Commission Work Assignments for Fiscal Year 2024-25
CC240624_ITEM 3B5.PDF
Item 3B6
Acceptance of Bluff’s Park South Walkway Repair Project

1. Documents:

2. Documents:

3. Documents:

4. Documents:

5. Documents:

6. Documents:

7. Documents:

Item 3B6
Acceptance of Bluff’s Park South Walkway Repair Project CC240624_ITEM 3B6.PDF
Item 3B7
Amendment to Agreement with American Global Security, Inc.

CC240624_ITEM 3B7.PDF
Item 3B8
Professional Services Agreement with Enhanced Landscape Management LLC CC240624_ITEM 3B8.PDF
Item 3B9
Direct Review of the City’s Conflict of Interest Code
CC240624_ITEM 3B9.PDF
Item 3B10
Amendment to Agreement with Move Together LLC
CC240624_ITEM 3B10.PDF
Item 4A
Fiscal Year 2024-2025 Wastewater Service Charges
CC240624_ITEM 4A.PDF
Item 4B
Proposed Budget for Fiscal Year 2024-25
CC240624_ITEM 4B - COMPLETE FOR UPLOAD.PDF
Item 4C
Zoning Text Amendment No. 16-005 and Local Coastal Program Amendment No. 16-007 – Amendments to Chapter 12.02 (Wireless Facilities in Public Right-of-Way) and Chapter

7. Documents:

8. Documents:

9. Documents:

10. Documents:

11. Documents:

12. Documents:

13. Documents:

14. CC240624_ITEM 4B - COMPLETE FOR UPLOAD.PDF
Item 4C
Zoning Text Amendment No. 16-005 and Local Coastal Program Amendment No. 16-007 – Amendments to Chapter 12.02 (Wireless Facilities in Public Right-of-Way) and Chapter

17.46 (Wireless Telecommunications Antennas and Facilities) of the Malibu Municipal Code, and Sections 2.2 and 3.16, Chapter 13 and Appendix 1 (Table B Permitted Uses) of the Local Coastal Program Local Implementation Plan to modify regulations, procedures, and application requirements for the installation of wireless communications facilities
CC240624_ITEM 4C.PDF
Item 6A
Resolution Establishing Criteria for Declaring a Local Emergency During Periods of High Fire Risk
CC240624_ITEM 6A.PDF

14. Documents:

15. Documents:

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

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

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

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

Malibu City Council
Regular Meeting Agenda
Monday, June 24, 2024
6:30 P.M. – CITY COUNCIL REGULAR MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Webinar Link:
https://us02web.zoom.us/j/85800479792
Six-thirty p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Report on Posting of Agenda – June 17, 2024
Approval of Agenda
City Council Regular Meeting Agenda Page - 2 - June 24, 2024

1. Ceremonial/Presentations
None.

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

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

3. Consent Calendar

A. Previously Discussed Items

1. Second Reading and Adoption of Ordinance No. 517
Recommended Action: Conduct second reading, unless waived, and adopt Ordinance No. 517 determining the project is categorically exempt from the California Environmental Quality Act and amending Chapters 15.40, 15.42 and 15.44 of the Malibu Municipal Code.

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

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

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

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 72667-72784 on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 749 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,400,937.94. City of Malibu payroll check number 5475-5476 and ACH deposits were issued in the amount of $436,918.38.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224 City Council Regular Meeting Agenda Page - 3 - June 24, 2024

3. Approval of Minutes
Recommended Action: Approve the minutes for the May 13, 2024 Regular Meeting.

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

4. Municipal Law Enforcement Services Agreement with the County of Los Angeles Recommended Action: Authorize the Mayor to execute a new Municipal Law Enforcement Services Agreement between the City and the County of Los Angeles for law enforcement services provided by the Los Angeles County Sheriff’s Department from July 1, 2024 through June 30, 2029.

Staff Contact: Public Safety Director Dueñas, 456-2489, ext. 313

5. Commission Work Assignments for Fiscal Year 2024-25
Recommended Action: Approve work assignments for the Harry Barovsky Memorial Youth Commission, Malibu Arts Commission, Parks and Recreation Commission, Public Safety Commission, and Public Works Commission for Fiscal Year 2024-25.

Staff Contact: City Manager McClary, 456-2489, ext. 226

6. Acceptance of Bluff’s Park South Walkway Repair Project Recommended Action: 1) Accept the work performed by Ardalan Construction Company, Inc. for the Bluff’s Park South Walkway Repair Project, Specification No. 2106 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.

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

7. Amendment to Agreement with American Global Security, Inc.

Recommended Action: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with American Global Security, Inc.

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

8. Professional Services Agreement with Enhanced Landscape Management LLC Recommended Action: Authorize the Mayor to execute a Professional Services Agreement with Enhanced Landscape Management LLC to provide landscape maintenance services through June 30, 2027.

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

City Council Regular Meeting Agenda Page - 4 - June 24, 2024

9. Direct Review of the City’s Conflict of Interest Code Recommended Action: Direct the City Manager to have staff review the City’s Conflict of Interest Code per Gov. Code 87306.5. and, if a change is necessary, file the Biennial Notice by October 1, 2024, and submit an amended Conflict of Interest Code to the Council for review before December 30, 2024.

Staff Contact: City Manager McClary, 456-2489, ext. 226

10. Amendment to Agreement with Move Together LLC
Recommended Action: Approve Amendment No.1 with Move Together LLC to revise the insurance requirements as part of the 2024-28 Road Race Agreement.

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

4. Ordinances and Public Hearings
A. Fiscal Year 2024-2025 Wastewater Service Charges
Recommended Action: 1) Conduct the Public Hearing to receive public testimony and consider all protest concerning the adoption of the Engineer’s Report regarding the levy of wastewater services fees through property taxes; and 2) Unless there are protests from majority of the effected property owners, adopt Resolution No. 24-29 approving the Engineer’s Report and collection of wastewater services charges on the county tax roll for Fiscal Year 2024-25.

Staff Contact: Public Works Director DuBoux, 456-2489, ext. 339 B. Proposed Budget for Fiscal Year 2024-25
Recommended Action: 1) Adopt Resolution No. 24-31 adopting the Annual Budget for Fiscal Year (FY) 2024-25; 2) Adopt Resolution No. 24-32 establishing the Appropriations Limit for FY 2024- 25; and 3) Adopt Resolution No. 24-33 approving the FY 2024-25 Authorized Positions, Salary Ranges and Class Specifications.

Staff Contact: Assistant City Manager Toney, 456-2489, ext. 224 C. Zoning Text Amendment No. 16-005 and Local Coastal Program Amendment No. 16-007 – Amendments to Chapter 12.02 (Wireless Facilities in Public Right-of-Way) and Chapter 17.46 (Wireless Telecommunications Antennas and Facilities) of the Malibu Municipal Code, and Sections 2.2 and 3.16, Chapter 13 and Appendix 1 (Table B Permitted Uses) of the Local Coastal Program Local Implementation Plan to modify regulations, procedures, and application requirements for the installation of wireless communications facilities Recommended Action: 1) After the City Attorney reads the title, introduce on first reading Ordinance No. 518 determining the proposed code amendments are exempt from the California Environmental Quality Act (CEQA), approving amendments to Malibu Municipal Code Chapter

12.02 (Wireless Facilities in Public Right-of-Way) to modify regulations, procedures, and application requirements for the installation of wireless communications facilities and repealing Ordinance Nos. 477 and 477U;
2) After the City Attorney reads the title, introduce on first reading Ordinance No. 519 determining City Council Regular Meeting Agenda Page - 5 - June 24, 2024 the proposed code amendments are exempt from the CEQA, approving the California Coastal Commission suggested modifications to Local Coastal Program Amendment (LCPA) No. 16-007, an amendment to the Local Coastal Program (LCP) to modify regulations, procedures, and application requirements for the installation of wireless communications facilities and coronally amendments to Malibu Municipal Code (MMC) Chapter 17.46 (Wireless Telecommunications Antennas and Facilities) and repealing Ordinance No. 484. 3) Direct staff to schedule second reading and adoption of Ordinance Nos. 518 and 519 for the July 8, 2024 Regular City Council meeting;
4) Adopt Resolution No. 24-34 determining the proposed amendments are exempt from the CEQA, adopting Engineering, Design and Location Standards, Conditions of Approval and Basic Application Requirements for Wireless Communication Facilities in the Public Right-of-Way and repealing Resolution No. 20-65;
5) Adopt Resolution No. 24-35 determining the proposed amendments are exempt from the CEQA, adopting Engineering, Design and Location Standards, Conditions of Approval and Basic Application Requirements for Wireless Communication Facilities on Land Other than Public Right-of-Way and repealing Resolution No. 21-17; and
6) Direct staff to submit the LCPA to the California Coastal Commission (CCC) for certification.

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

5. Old Business
None.

6. New Business
A. Resolution Establishing Criteria for Declaring a Local Emergency During Periods of High Fire Risk
Recommended Action: Adopt Resolution No. 24-30 establishing criteria for declaring the existence of a local emergency and initiating a program for reducing the risk of fires associated with individuals engaged in unpermitted camping and establishing criteria for when to terminate the local emergency.

Staff Contact: Public Safety Director Dueñas, 456-2489, ext. 313

7. Council Items
None.

Adjournment
Future Meetings
Monday, July 8, 2024 6:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, July 22, 2024 CANCELED
Monday, August 12, 2024 6:30 p.m. Regular City Council Meeting City Hall Council Chambers City Council Regular Meeting Agenda Page - 6 - June 24, 2024 Guide to the City Council Proceedings
The Oral Communication portion of the agenda is for members of the public to present items, which are not listed on the agenda but are under the subject matter jurisdiction of the City Council. No action may be taken under, except to direct staff, unless the Council, by a two-thirds vote, determines that there is a need to take immediate action and that need came to the attention of the City after the posting of the agenda. Although no action may be taken, the Council and staff will follow up, at an appropriate time, on those items needing response. Each speaker is limited to three (3) minutes.

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

Items in Consent Calendar Section A have already been considered by the Council at a previous meeting where the public was invited to comment, after which a decision was made. These items are not subject to public discussion at this meeting because the vote taken at the previous meeting was final. Resolutions concerning decisions made at previous meetings are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed.

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

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

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

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

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

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

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

The City Hall phone number is (310) 456-2489. To contact City Hall using a telecommunication device for the deaf (TDD), please call (800) 735-2929 and a California Relay Service operator will assist you. In compliance with the Americans City Council Regular Meeting Agenda Page - 7 - June 24, 2024 with Disabilities Act, if you need special assistance to participate in this meeting, please contact Environmental Sustainability Director Yolanda Bundy, (310) 456-2489, ext. 229. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADD Title II].

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

I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting. Dated this 17th day of June 2024 at 9:10 a.m.

Kelsey Pettijohn, City Clerk

Page 1 of 1 ends

Agenda Item # 3.A.1.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: June 12, 2024 Meeting date: June 24, 2024 Subject: Second Reading and Adoption of Ordinance No. 517 RECOMMENDED ACTION: Conduct second reading, unless waived, and adopt Ordinance No. 517 determining the project is categorically exempt from the California Environmental Quality Act and amending Chapters 15.40, 15.42 and 15.44 of the Malibu Municipal Code (MMC).

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

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

DISCUSSION: On May 28 2024, the Council introduced on first reading Ordinance No. 517.

ATTACHMENT: Ordinance No. 517
City Council Meeting
06-24-24
Item

3.A.1.
1 Attachment 1
ORDINANCE NO. 517

AN ORDINANCE OF THE CITY OF MALIBU AMENDING
SECTION 15.40.020 (DEFINITIONS); SECTION 15.40.050,
(OWTS REQUIREMENTS FOR BUILDINGS); SECTION

15.40.080 (CUMULATIVE IMPACTS); SECTION 15.42.050
(WASTEWATER DESIGN FLOWS) SECTION 15.44.030
(OWTS OPERATING PERMIT REQUIREMENT); SECTION

15.44.040 (RENEWAL OF OWTS OPERATING PERMITS),
AND SECTION 15.44.50 (OWTS INSPECTION AND

OPERATING PERMIT CRITERIA) OF THE MALIBU

MUNICIPAL CODE AND DETERMINING THE PROJECT IS

CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
The City Council of the City of Malibu does ordain as follows:

SECTION 1. Recitals.

A. Home Occupation Use (HOU) is a significant concern for the City due to the increased hydraulic and strength loading to Onsite Wastewater Treatment Systems and the potential impacts to the general public health and safety that overtaxed Onsite Wastewater Treatment Systems pose to the City.

B. An increase in the quantity and/or strength of flow to the disposal system can pose a danger, potentially leading to disposal system failure. In a state of failure, untreated or partially treated sewage may discharge onto the surface, adversely affecting public health, water quality, and the environment in the City.

SECTION 2. Chapters 15.40, 15.42, and 15.44 of the Malibu Municipal Code (MMC) are hereby amended to read as follows:

A. Section 15.40.020 (Definitions) is hereby amended by adding the following definition:
“ ‘Home occupation’ has the same meaning as found in section 17.02.060.” B. Section 15.40.050 (A) (1) (OWTS Requirements for Buildings) is hereby amended to read as follows:

A. Commercial Buildings, Multifamily Dwellings, and Home Occupation Use-AOWTS Required.

1. Buildings. Commercial buildings and multifamily dwellings that are newly constructed, or renovated, and properties with a home occupation use that increases the quantity and/or strength of flow to the OWTS by virtue of the use shall have an AOWTS unless otherwise approved by the administrative authority 2 Ordinance No. 517

Page 2 of 5 ends

__________________
for good cause. In no way does this section permit or allow any kind of use that is not otherwise permitted by this Code.

C. Section 15.40.080 Cumulative Impacts is hereby amended to read as follows:

Cumulative impact analysis evaluating the potential impact of the proposed OWTS on groundwater level and quality (i.e., effects of groundwater mounding, nitrate loading and fecal/pathogen contamination), quality of nearby surface drainages (i.e., nitrate loading and fecal/pathogen contamination), and slope stability shall be required for the following development projects:

A. Individual OWTS with design flow greater than one thousand five hundred (1,500) gallons per day (gpd);
B. Land divisions;
C. OWTS for any commercial development;
D. Any lot which involves two or more OWTS within one hundred (100) feet of each other with a combined capacity of over one thousand five hundred (1,500) gpd; E. OWTS for properties with a home occupation use subject to this Chapter.

F. OWTS for multifamily residential developments;
G. OWTS classified as a “community” system serving multiple property owners; H. OWTS which the City or Regional Water Board identify as presenting a potential threat to surface water or groundwater beneficial uses; and I. OWTS located within the contributing recharge area of known nitrate groundwater problems.

Cumulative impact analyses shall be conducted in accordance with guidelines prescribed in the Malibu OWTS Manual and shall be included as an element of the OWTS design report for the proposed project application.

D. Section 15.42.050 (C) Wastewater Design Flows is hereby amended to read as follows (there is no change to Table 15.42 (B)-3):

Commercial and Home Occupation Uses Described in section 15.40.050 (A) (1).

Wastewater flows used for design of OWTS for uses other than residential shall be estimated based on the projected activities, occupancy, and facilities, using wastewater generation guidelines provided in Table 15.42.030(B)-3. For facilities not listed in Table

15.42.030(B)-3 the wastewater design flow shall be estimated based on either: (1) appropriate literature references (e.g., US EPA) for the type of facility proposed; or (2) documented wastewater flow monitoring data for no less than 3 comparable facilities.

Additionally, the administrative authority may consider adjustment to the criteria listed in Table 15.42.030(B)-3 for specific facilities based upon documented wastewater flow monitoring data. In all cases, the design proposal shall include sufficient technical information to support the proposed design flow estimate. Notwithstanding the above, minimum design flow for any OWTS shall not be less than one hundred fifty (150) gpd. 3 Ordinance No. 517

Page 3 of 5 ends

__________________
E. Section 15.44.030.C(4c) OWTS Operating Permit Requirement is hereby amended to read as follows:

Multifamily uses, condominiums, and properties with a home occupation use described in section 15.40.050 (A) (1).

F. Section 15.44.030.C OWTS Operating Permit Requirement is hereby amended by adding the following section as item C(8):
“When the City has received an OWTS complaint for a property with a home occupation use, a City Registered OM&M is required to inspect the OWTS and provide an inspection report to the City within fifteen (15) days of the city’s receipt of the complaint.

The home occupation use will be required to cease operation until all required repairs, modifications, replacements, and/or upgrades have been completed to the satisfaction of the administrative authority.

G. Section 15.44.040 Renewal of OWTS Operating Permits is hereby amended to read as follows:

A. Operating permits for properties with a home occupation use shall be valid for two (2) years from the date of issuance unless sooner revoked by the administrative authority pursuant to this chapter.

B. Operating permits for an OWTS serving commercial or multifamily uses shall be valid for two (2) years from the date of issuance unless sooner revoked by the administrative authority pursuant to this chapter.

C. Operating permits for advanced onsite wastewater treatment systems serving singlefamily uses shall be valid for three (3) years from the date of issuance unless sooner revoked by the administrative authority pursuant to this chapter.

D. Operating permits for conventional onsite wastewater treatment systems serving single-family uses shall be valid for five (5) years from the date of issuance unless sooner revoked by the administrative authority pursuant to this chapter.

E. The owner of real property served by an OWTS is responsible for the timely renewal of the operating permit. It shall be a violation of this chapter for an owner of real property served by an OWTS to allow an operating permit to lapse for a period longer than thirty (30) days unless the property owner has entered into a compliance agreement with the city for any necessary repairs, upgrades or modifications to the OWTS.

H. Section 15.44.050 OWTS Inspection and Operating Permit Criteria is hereby amended to read as follows:

A. An operating permit will not be issued to a property owner until the OWTS has been inspected by a City approved OWTS inspector and found to be operating in compliance with the City’s Guidelines for the Inspection of Onsite Wastewater 4 Ordinance No. 517

Page 4 of 5 ends

__________________
Treatment Systems in the Malibu OWTS Manual and with any applicable conditions previously stipulated for the system.

B. All inspections required by this chapter shall be conducted by a City approved OWTS inspector in accordance with the guidelines.

C. All residential properties with a home occupation use described in section 15.40.050 (A) (1) shall obtain an inspection annually. The City will revoke the operating permit and suspend home occupation use activities until all required repairs, modifications, replacements, and/or upgrades have been completed to the satisfaction of the administrative authority.

D. The results of any inspection required by this chapter shall be reported to the administrative authority by the OWTS inspector on the official inspection form for onsite wastewater treatment systems.

E. The administrative authority shall establish and approve the guidelines for the inspection of onsite wastewater treatment systems and the official inspection form for onsite wastewater treatment systems and any amendments thereto.

F. It is a violation of this code to falsify, misrepresent, or fraudulently alter or manipulate a system inspection form.

SECTION 3. Environmental Review.

This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the Guidelines), and the environmental regulations of the City. The City Council hereby finds that under Section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment. It also finds the Ordinance is exempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15307 and 15308 as an action by a regulatory agency taken to protect the environment and natural resources.

SECTION 4. Severability.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect.

The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional.

SECTION 5. Certification.

The City Clerk shall certify the passage and adoption of this ordinance and enter it into the book of original ordinances.
5 Ordinance No. 517

Page 5 of 5 ends

__________________
SECTION 6. Effective Date.

In accordance with California Government Code section 36937, this Ordinance shall become effective on the 30th day following its passage and adoption.

PASSED, APPROVED AND ADOPTED this _______ day of June 2024. ____________________________
STEVE UHRING, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Date: _________________________
APPROVED AS TO FORM:
______________________________
TREVOR RUSIN, Interim City Attorney
6 WARRANT REGISTER NO. 749
On June 24, 2024, the Malibu City Council allowed and approved warrant demand numbers 72667-72784 from the General Fund. The City Manager is hereby directed to pay out the funds named hereon to each of the claimants listed, the amount appearing opposite their name for the purpose stated on the respective demands, making a total of $2,400,937.94. City of Malibu payroll check numbers 5475-5476 and ACH deposits were issued in the amount of $436,918.38.

PASSED, APPROVED and ADOPTED this 24th day of June 2024. ____________________________________________
Steve Uhring
Mayor
ATTEST:
____________________________________________
Kelsey Pettijohn
City Clerk

CERTIFICATE
In accordance with Government Code Sections 37202 and Malibu Municipal Code 3.08.050, I hereby certify that: (1) the claims or demands set forth in the warrant register(s) listed below and attached hereto and incorporated herein by this reference in the aggregate amount of $2,837,856.32 have been audited as to their accuracy; and (2) sufficient funds have been appropriated by the City Council and are available for the payment thereof.

EXECUTED this 13th day of June 2024, AT MALIBU, CALIFORNIA ______________________________________________
Steve McClary
City Manager
City Council Meeting
6-24-24
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Agenda Item # 3.B.3.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Kelsey Pettijohn, City Clerk
Approved by: Steve McClary, City Manager
Date prepared: June 13, 2024 Meeting date: June 24, 2024 Subject: Approval of Minutes
RECOMMENDED ACTION: Approve the minutes for the May 13, 2024 Regular Meeting.

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

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

DISCUSSION: Staff has prepared draft minutes for the Council meeting of May 13,2024.

ATTACHMENTS:

May 13, 2024 Regular Meeting
City Council Meeting
06-24-24
Item

3.B.3.
1 Attachment 1

MINUTES

MALIBU CITY COUNCIL

REGULAR MEETING
MAY 13, 2024

COUNCIL CHAMBERS
6:30 P.M.

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

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

PRESENT: Mayor Steve Uhring; Mayor Pro Tem Doug Stewart; and Councilmembers Paul Grisanti, Marianne Riggins, and Bruce Silverstein
ALSO PRESENT: Trevor Rusin, Interim City Attorney; Steve McClary, City Manager; Joseph Toney, Assistant City Manager; Alexis Brown, Deputy City Manager; Kristin Riesgo, Community Services Director; Yolanda Bundy, Environmental Sustainability Director; Susan Dueñas, Public Safety Director; Rob DuBoux, Public Works Director; Adrian Fernandez, Assistant Planning Director; Parker Davis, Media Technician; Christina Muñoz, Deputy City Clerk; and Jason Lawrence, Deputy City Clerk

PLEDGE OF ALLEGIANCE
John Mazza led the Pledge of Allegiance.

REPORT ON POSTING OF AGENDA
Deputy City Clerk Muñoz reported that the agenda for the meeting was properly posted on May 3, 2024.

APPROVAL OF AGENDA
MOTION Mayor Pro Tem Stewart moved to approve the agenda, hearing Item No. 6.A. after Item No. 4.A.

The Council discussed the motion.

Councilmember Riggins seconded the motion.

The motion carried unanimously.

ITEM 1 CEREMONIAL/PRESENTATIONS
A. Presentation of City Tile to Susan Dueñas for Seven Years of Service to the City of Malibu
2 Malibu City Council
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Mayor Uhring presented the City Tile to Public Safety Director Dueñas.

Public Safety Director Dueñas thanked the Council for the recognition.

ITEM 2.A. PUBLIC COMMENTS
Marcia Zwilling, stated she is the Director of the Diane Warren Foundation and lives at the old Eddie Albert property adjacent to Escondido Waterfall. She advocated for a park ranger on winding way. She spoke on concerns about the private road and expressed only locals understand the road and tourists do not understand the use of the private road. She explained they are unaware of the traffic hazards. She asked the sheriff's office if they could prohibit unauthorized drivers.

She wanted to state on the record this is a disaster waiting to happen and a dire need for a ranger or sheriff deputy. She stated on Cinco de Mayo close to 1000 visitors were present and that search and rescue had to be deployed.

Glider Lyon deferred time to Andy Lyon.

Andy Lyon presented a video of the March 11, 2024 City Council meeting where the Council discussed the permanent skate park settlement agreement. He discussed his dismay with how the settlement agreement was reached and expressed frustration that the Council settled with 600 Spring instead of hearing and denying the appeal. He expressed dissatisfaction with the appeal process for the skatepark project and with the settlement agreement. He stated he was concerned over a change of Councilmember Riggins motion regarding the settlement agreement written by the City Attorney. He expressed concerns over the use of the parking lot for construction of “The Case” development.

ITEM 2.B. COMMISSION / COMMITTEE / CITY MANAGER UPDATES Jo Drummond, Public Works Commission, stated she is the current Chair for Public Works Commission. She stated she was pleased with the work of the Commission and Public Works Director DuBoux and Administrative Analyst Ayala. She discussed storm debris removal and repair projects. She discussed Public Works’ work with Caltrans on Pacific Coast Highway (PCH) safety projects, including optical speed bar striping and the PCH Boulevard proposal. She discussed the Fiscal Year 2024-25 Capital Improvement Projects list. She discussed the timeline for the permanent skatepark and the permanent snack shack at Bluffs Park. She stated Public Works has begun weed abatement for the upcoming fire season. She stated that a neighborhood beautification project will be established by the City to maintain easements in neighborhoods and other landscapes through a grant; a draft of a program will be brought before the commission. She stated maintenance crews painted in red stripes at Cliffside Drive.

City Manager McClary stated the Malibu-Pacific Palisades Chamber of Commerce’s State of the City event was held last Friday and a recording was posted on the City’s website. He thanked Santa Monica Community College, and State 3 Malibu City Council
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Senators Ben Allen and Jacqui Irwin and Supervisor Lindsey Horvath for participating in the State of the City. He stated a press conference was held at the Ghost Tire Memorial site for the kickoff of the PCH Driver Safety Education Campaign, titled “Go Safely PCH”. He stated the campaign was a partnership with State and County agencies and the goal was to change driver behaviors and the City was committed to raising awareness. He stated the education campaign includes 31 billboards placed on connecting or adjacent freeways outside of Malibu to promote awareness, as well as a social media campaign. He stated that located in the City Hall lobby is a pledge wall dedicated to PCH safety and encouraged individuals to sign up and take the pledge. He provided the California Highway Patrol (CHP) update, stating CHP wrote 1,392 citations and 1,180 of the citations were for speeding. He stated the City was closely monitoring Senate Bill (SB) 1297, which would allow for the installation of speed cameras on PCH, and SB 1509, which would increase penalties for excessive speed. He stated both bills are going forward to the Senate Appropriations Committee and if approved would be moved to be heard by the full senate, then onto the State Assembly. He announced the Fire Safety Liaisons assisted Malibu West to be recognized as a good standing Firewise community and are currently assisting the Rambo Pacifico and Malibu Canyon Villas communities to reach the same achievement. He explained their goal is to assist as many communities as possible to reach this standing. The standing promotes more resiliency against wildfires and allow those communities to be eligible for reduced insurance rates and grants from the Fire Safe Council. He announced that the Public Safety Department is providing free fire extinguisher training, Wednesday at 2:00 p.m. and 6:00 p.m., and more information can be found by contacting the Public Safety Department. He discussed community member’s concerns regarding personal information required to sign up for the Community Lands Outreach Survey. He explained staff is working with the vendor to adjust the questions. He stated the first community meeting will be held on May 21, 2024 in the City Council Chambers at 6:00 p.m., and more information can be found at malibucommunitylands.org.

In response to Councilmember Grisanti, City Manager McClary stated PCH Safety yard signs were available in the lobby of City Hall.

Sergeant Christopher Soderland presented the crime statistics for the month of April 2024. He stated there were 124 part one crimes, in comparison to April of 2023 there were 119 part one crimes, he explained this is a 4.2 percent increase. He stated many were vehicle related crimes and reminded the public to lock their car doors when they park and hide their valuables. He stated two individuals were arrested for domestic violence. He also provided traffic statistics, he stated there have been 100 collisions, zero fatalities, and 24 injuries. He stated that is less than compared to last year. He stated the assistance of CHP is also creating an impact. He stated 1,919 citations were issued, an increase from last year. He discussed a call for a possibly intoxicated driver, the driver was arrested. He displayed photos of a vehicle being towed. He explained a car was speeding down PCH and when prompted to pull over by deputies the vehicle did not stop. The deputies eventually stopped the vehicle, and the driver was arrested for reckless driving, driving with a 4 Malibu City Council
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_________________________
suspended license, and two of the passengers had warrants out for their arrest. The car was impounded for three days. He explained they are enforcing the law and are taking a zero-tolerance approach. He stated last year there was a case of residential burglary that occurred, through DNA testing they were able to determine the identity of the assailant. He was recently arrested in Colorado for a different crime, and he will now be charged with the crime in Malibu. He announced that there will be two new motor deputies assigned to Malibu, Deputy Sean Gervais and Deputy Mike Kelly will be returning. He stated he will be having an overnight parking enforcement operation soon, and he stated the Lost Hills Sheriff Station will be hosting their Annual Open House.

Mayor Uhring thanked him for the update and asked him to inform Captain Jennifer Seeto that he was pleased with her presentation at the State of the City event.

ITEM 2.C. SUBCOMMITTEE REPORTS / COUNCIL COMMENTS
Councilmember Grisanti stated he attended the State of the City and various City events. He expressed he was pleased with Mayor Uhring’s speech during the State of the City.

Councilmember Riggins attended a Southern California Association of Government (SCAG) meeting in the High Desert, she stated it was enlightening to learn about City cooperation with other jurisdictions. She stated she attended the State of the City, and concurred with Councilmember Grisanti, that Mayor Uhring’s presentation was exceptional. She encouraged members of the public to watch the video presentation. She expressed satisfaction with the efforts of the Public Works Department in maintaining clear roads all year despite the heavy rainfall. She also stated she is pleased with the work of the City.

Councilmember Silverstein asked Interim City Attorney Rusin to provide a report on a stipulated judgment that was the result of a closed session meeting. He stated the City Attorney can make that report now that the stipulated judgement had been finalized.

Interim City Attorney Rusin stated the City of Malibu was required to pass a Housing Element by October 15, 2021. He explained that the City approved a Housing Element that was not certified as compliant by the California Department of Housing and Community Development (HCD). He stated this was due in part to delays caused by the Woosley Fire and COVID-19, nevertheless, as result the City has been out of compliance with state housing law. He explained in advance of filing litigation against the City, Counsel from HCD and the California Attorney General’s Office (AG) offered to hold off from taking enforcement action as long as the City complies with an agreed upon schedule to obtain a certified Housing Element. He stated that by a 4-1 vote, with Councilmember Silverstein voting no, the City Council has reached an agreement with HCD and AG. He explained the agreement was memorialized in a stipulated judgment that requires the City to comply with an agreed upon schedule and terms of the agreement that were created 5 Malibu City Council
Minutes of May 13, 2024

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_________________________
in cooperation with HCD. He stated no further action shall be taken against the City by HCD or AG; should the City fail to comply with the agreement the City would be subject to penalties provided by State housing law. He explained under the agreement HCD has agreed to expedite its review of the City’s Housing Element and is allocating additional resources to assist the City in obtaining a certified Housing Element.

Councilmember Silverstein thanked the public who submitted written correspondence and those who spoke live at the meeting. He addressed Ms.

Zwilling and recommended she reach out to the Mountains Recreation and Conservation Authority (MRCA) as they provide the park rangers. He stated he attended an Administration and Finance Subcommittee (A&F) meeting with Mayor Pro Tem Stewart to review and discuss the City’s budget. He expressed he was pleased with the presentation of the budget that was presented to the full City Council. He stated he attended the “Go Safely PCH” press conference kick-off, and that he is cautiously optimistic about the efforts towards PCH safety. He stated he attended the State of City and was impressed by the presentation from Mayor Uhring and the City’s video presentation. He expressed discontent for the event being led by the Chamber of Commerce and sponsored by business, he explained he believes it should be a City led effort. He stated that he was the dissenting vote in that stipulated judgment, he explained he had expected that was going to be announced after the meeting they voted to enter into the agreement. He stated that he learned that the action was not reportable under the Brown Act because it had not been approved by the state. He stated Council was told it must be approved before is becomes reportable action. He stated he expected that when it was approved by the State it would be reported. He stated he was told it cannot be reported until it was filed with the court. He stated Interim City Attorney Rusin explained that the State offered to hold off on taking enforcement. He stated the State requested the City enter into a judgement of loss, he stated that the City is stipulating it is in violation of State law. He stated he believes that a legal action would have taken longer than the schedule we agreed to comply with. He stated that he does not believe the City gained anything from entering into the stipulated judgment and the City had defenses to the noncompliance. He stated he does not agree with the City Council or City Attorney and does not believe it is a positive thing. He stated many residents are concerned over a sidewalk vendor and learned the City has a sidewalk vending ordinance. He stated that the ordinance is consistent with State law that mandates sidewalk vending is permissible, however, he disagrees with the City’s ordinance of issuing permits for one year. He stated he intends to investigate this matter and will report back to the City Council for a new ordinance. He stated local businesses that cannot afford rents should apply for a permit.

Mayor Pro Tem Stewart stated he attended the “21 Miles in Malibu” presentation at Malibu High School, he stated Supervisor Horvath was a moderator for the panel comprised of students and parents. He expressed he was pleased with the event and believes it was very effective and engaged the Malibu youth community on the topic. He stated on May 9, 2024, he attended The People Concerned Event, 6 Malibu City Council
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_________________________
honoring longtime Malibu resident Steve Hilton. He explained The People Concern is a homeless outreach organization that services Malibu. He explained they have assisted in lowering the homeless count to 50. He stated he was pleased with the event and happy supporting the organization and local resident Mr. Hilton. He stated he attended the State of the City and expressed he was satisfied with the Mayor Uhring’s presentation. He stated he was pleased with Captain Seeto’s presentation as well. He stated public safety is a priority for the Malibu community.

He stated the City is working on installing Botts’ dots on private roads near fire hydrants and requested Homeowner Associations (HOA) reach out to the Public Safety Department for more information. He stated he was pleased to see a motor officer issuing tickets on a Sunday. He addressed Ms. Zwilling and informed her the City hears her concern and the City is working on a solution. He addressed Mr.

Lyon stating since the City Council adopted the settlement, the appeal no longer needed to be heard. He stated Interim City Attorney Rusin asked Councilmember Riggins for clarification on her motion, and he stated nevertheless the draft was returned to City Council for final approval. He stated City Council had the ability to change the agreement if desired. He stated his objective was to complete the skatepark. He also addressed Councilmember Silverstein comments regarding HCD stating disagreement. He stated the City of Beverly Hills is an example of what the City is trying to avoid by entering into the agreement. He explained the City of Beverly Hills was taken to court and can no longer issue building permits of any kind. He stated he believes in cooperation with the State that this will be completed by September. He stated he wants this issue to be rectified quickly and easily. He reminded the public to set the pace on PCH. He expressed that residents should lead by example and drive the speed limit.

Mayor Uhring addressed Ms. Zwilling and informed her that the City is working on a solution to her concern, and thanked her for her time. Mayor Uhring addressed Interim City Attorney Rusin and inquired why was listening to the video of the meeting was not sufficient to clarify the motion for the settlement agreement.

Interim City Attorney Rusin stated that there was much back and forth during the meeting, and wanted to ensure he brought back an agreement that best reflected the will of the Council, he stated if that was not the will of the Council he apologizes.

He stated he did not find the video sufficient and is why he spoke with Councilmember Riggins.

Mayor Uhring expressed disagreement. He reminded the public to conduct weed abetment on their properties as brush is high. He stated the need for the agreement with HCD was necessary as the consultant responsible for overseeing the project quit which added unforeseen challenges and the City could not catch up quick enough.

Councilmember Silverstein stated Mayor Pro Tem Stewart said that if the City chose the path of litigation it would lose, he expressed disagreement. He stated that if the City does not have a winning plan, it would be subject to many sanctions. He stated if the City has a winning plan by September 2024 the litigation would end.

He stated if it is correct the City will have a winning plan by September 2024 then 7 Malibu City Council
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_________________________
the City could not lose the litigation. He stated if the City does not succeed in doing what is stipulated then it loses. He stated he believes the City lost its ability to take more time to win and less time to lose. He stated he disagrees with the legal advice the City received.

Mayor Pro Tem stated that City is following what other agencies in the same predicament are doing, he stated he believes the City would have been used by the State as a poster child of what not to do. He stated other agencies that chose to fight are facing difficulties.

Mayor Uhring stated agencies in Massachusetts are not complying with the state and entering litigation.

ITEM 3 CONSENT CALENDAR
Item Nos. 3.B.8. and 3.B.9. were pulled by the Council.

MOTION Councilmember Silverstein moved, and Councilmember Grisanti seconded a motion to approve the Consent Calendar, pulling Item Nos. 3B8, 3B9, and omitting of the March 27, 2024 Special Meeting minutes. The motion carried unanimously.

The Consent Calendar consisted of the following items:

A. Previously Discussed Items
None.

B. New Items

2. Approve Warrants
Recommended Action: Allow and approve warrant demand numbers 72214-72460 on the register from the General Fund and direct the City Manager to pay out the funds to each of the claimants listed in Warrant Register No. 746 in the amount of the warrant appearing opposite their names, for the purposes stated on the respective demands in a total amount of $2,604,058.18. City of Malibu payroll check number 5467-5469 and ACH deposits were issued in the amount of $738,644.38.

3. Approval of Minutes
Recommended Action: Approve the minutes for the March 4, 2024 Special Meeting, March 11, 2024 Regular Meeting, March 20, 2024 Regular Meeting, March 25, 2024 Special Meeting, March 25, 2024 Regular Meeting, and April 4, 2024 Special Meeting.

4. Amendment to Professional Services Agreement with Integrated Performance Consultants, Inc.

Recommended Action: Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement with Integrated Performance 8 Malibu City Council
Minutes of May 13, 2024

Page 8 of 12 ends

_________________________
Consultants, Inc. (IPC) for operations, maintenance, and management services at Civic Center and Paradise Cove Stormwater Treatment Facilities.

5. Professional Services Agreement with Lance, Soll & Lunghard, LLP Recommended Action: Authorize the Mayor to execute Amendment No. 2 to the Professional Services Agreement with Lance, Soll & Lunghard LLP (LSL) for financial auditing services, extending the Term of Agreement to May 12, 2025.

6. Initiative 21-0042A1 Taxpayer Protection and Government Accountability Act (OPPOSE)
Recommended Action: Authorize the Mayor to send a letter of opposition regarding Initiative 21-004A1, the California Business Roundtable Initiative (aka Taxpayer Protection and Government Accountability Act).

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

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

8. Professional Services Agreement with Governmental Financial Services Recommended Action: Authorize the Mayor to execute an agreement with Governmental Financial Services (GFS) for assistance with audit preparation and bookkeeping and accounting services, including preparation of the Comprehensive Annual Financial Report and State Controller’s Report of Financial Transactions.

Mayor Uhring opened the floor to public comment.

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

The Council discussed the item and directed questions to staff.

MOTION Mayor Pro Tem Stewart and Councilmember Grisanti seconded, a motion to authorize the Mayor to execute an agreement with Governmental Financial Services (GFS) for assistance with audit preparation and bookkeeping and accounting services, including preparation of the Comprehensive Annual Financial Report and State Controller’s Report of Financial Transactions. The motion carried unanimously.

9. Amendment to Professional Services Agreement with SDI Presence Recommended Action: Authorize the Mayor to execute Amendment No. 3 to the Professional Services Agreement with SDI Presence LLC.

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

The Council discussed the item and directed questions to staff.

MOTION Councilmember Riggins and Councilmember Silverstein seconded a motion to deny authorization to execute Amendment No. 3 to the Professional Services Agreement with SDI Presence LLC.

The Council discussed the motion.

SUBSTUTITUE MOTION
Councilmember Riggins moved, and Councilmember Silverstein seconded a motion to continue the item to the May 28, 2024 meeting.

The substitute motion carried unanimously.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
A. Proposed Schedule of Fees Fiscal Year 2024-25
Recommended Action: 1) Conduct the Public Hearing; and 2) Adopt Resolution No. 24-18 establishing the Schedule of Fees for Fiscal Year 2024-25.

Assistant City Manager Toney presented the staff report.

Mayor Uhring opened the floor to public comment.

Speakers: Jo Drummond
As there were no other speakers present, Mayor Uhring returned the matter to the table for discussion.

The Council discussed the item and directed questions to staff.

MOTION Councilmember Silverstein moved, and Mayor Pro Tem Stewart seconded a motion to Adopt Resolution No. 24-18 establishing the Schedule of Fees for Fiscal Year 2024-25. The motion carried 4-1, Councilmember Riggins opposed.

Councilmember Silverstein requested a motion be made addressing Item No. 5A due to time concerns.

MOTION Councilmember Silverstein moved, and Mayor Pro Tem Stewart seconded a motion to continue Item No. 5A to the May 28, 2024 Regular Meeting. The motion carried 4-1, Councilmember Riggins opposed.
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ITEM 6 NEW BUSINESS
A. Malibu Arts Association Art Show Event Series Fee Waiver Recommended Action: Consider whether to approve the request from the Malibu Arts Association to waive facility use fees, staffing costs, and permit fees for an Art Show event series at Legacy Park.

Community Services Director Riesgo presented the staff report.

Mayor Uhring opened the floor to public comment.

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

The Council discussed the item.

MOTION Councilmember Silverstein moved, and Councilmember Riggins seconded a motion to approve the request from the Malibu Arts Association to waive facility use fees, staffing costs, and permit fees for an Art Show event series at Legacy Park. The motion carried unanimously.

ITEM 4 ORDINANCES AND PUBLIC HEARINGS
B. Proposed Appeal No. 23-004 - Appeal of Planning Commission Resolution No. 23- 24 (22959 Pacific Coast Highway; Appellant: Malibu Township Council; Applicant: Burdge and Associates Architects, Inc.; Property Owner: Surfrider Plaza, LLC) (Continued from the March 25, 2024 meeting) Recommended Action: Adopt Resolution No. 24-19 (Exhibit A) pursuant to the California Environmental Quality Act, adopting Mitigated Negative Declaration No. 20-003 and Initial Study No. 20-003, denying Appeal No. 23-004 and approving Coastal Development Permit No. 09-067 for the construction of a new 7,693 square foot, 20-room motel above a new subterranean parking garage, surface parking lot, rooftop bar area, grading, retaining walls, landscaping, a new onsite wastewater treatment system and authorization for the Planning Director to submit a letter of public convenience or necessity for the sale of alcohol; Conditional Use Permit No. 18-002 for a motel in the Commercial Visitor Serving-1 (CV-1) zoning district and sale of alcohol; including Variance (VAR) No. 18-030 for construction on slopes steeper than 3 to 1, VAR No. 18-031 for a retaining wall that is an integral part of the building in excess of 12 feet in height, VAR No. 20-035 for surface parking within the required front yard setback, and Site Plan Review (SPR) No. 18- 025 for a building height in excess of 18 feet, not to exceed 24 feet for a flat roof, located in the Commercial Visitor Serving-1 zoning district at 22959 Pacific Coast Highway (Surfrider Plaza, LLC).

Assistant Planning Director Fernandez presented the staff report.

The Council directed questions to staff.
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_________________________
Disclosures: Councilmembers Grisanti, Riggins, Silverstein, Mayor Pro Tem Stewart, and Mayor Uhring
RECESS At 8:47 p.m., Mayor Uhring recessed the meeting. The meeting resumed at 8:56 p.m. with all Councilmembers present.

Mayor Uhring opened the floor to public comment.

Speakers: Steven Hakim, Alexander Hakim, Douglas Burdge, Jo Drummond, David Paul Dominguez, Kurt Kamm, Ed Niles, Sam Hall Kaplan, Scott Dittrich, Nick Eliopoulos, Joel Johnson, Sam Boyer, Maurice Pessah, Ann Jones, Hap Henry, Suzannah Owens, Khrystyna Romanstova, Jefferson Wagner, Steve Wiseman, Barbara Bruderlin, Chris Ogle, Kevin Shenkman, Rosemarie Ihde, Emily Ravlich, Jan Ravlich, Charlotte Frieze Jones, Charlotte Drummond, Colin Drummond, Walter, Felman, Debra Decray, Peter Jones, Bill Sampson, Joel Schulman, Georgia Goldfarb, Dru Ann Jacobson, Patt Healy, Ryan Embree, Sky Cowans, Jordan Susin, Michael Kagan, Brooke Shapiro, Alina, Dustin, Neil Paris, Mario Sandoval, James Bryan, Steve Albert, Tiffany Murray.

Jo Drummond, Steven Hakim, Alexander Hakim, and Douglas Burdge provided rebuttal to public comment.

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

RECESS At 11:28 p.m., Mayor Uhring recessed the meeting. The meeting resumed at 11:35 p.m. with all Councilmembers present.

The Council discussed the item and directed questions to staff, Jo Drummond, Steven Hakim, Alexander Hakim, and Douglas Burdge.

MOTION Councilmember Silverstein moved, and Mayor Uhring seconded a motion to direct staff to bring back a resolution on the consent calendar granting Appeal No. 23-004 - Appeal of Planning Commission Resolution No. 23-24 (22959 Pacific Coast Highway; Appellant: Malibu Township Council; Applicant: Burdge and Associates Architects, Inc.; Property Owner: Surfrider Plaza, LLC) (Continued from the March 25, 2024 meeting), and denying the Project.

The Council discussed the motion.

The question was called, and the motion carried 4-1, Councilmember Grisanti opposed.
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C. Amendments to Chapter 12.02 (Wireless Facilities in Public Right-of-Way) and Chapter 17.46 (Wireless Telecommunications Antennas and Facilities) of the Malibu Municipal Code, and Sections 2.2 and 3.16, Chapter 13 and Appendix 1 (Table B Permitted Uses) of the Local Coastal Program Local Implementation Plan to modify regulations, procedures, and application requirements for the installation of wireless communications facilities
Recommended Action: Continue the item to the May 28, 2024 Regular City Council meeting.

Upon approval of the agenda the item was continued to the May 28, 2024 Regular Meeting.

ITEM 5 OLD BUSINESS
A. Zuma Foundation Inc. Road Race Agreement
Recommended Action: 1) Review the status of the Zuma Foundation Inc. 2024 Triathlon event; 2) Consider modifications to the draft Road Race Agreement with Zuma Foundation Inc.; and 3) Provide direction to staff regarding the draft 2024- 2028 Road Race Agreement.

This item was continued to the May 28, 2024 Regular Meeting.

ITEM 7 COUNCIL ITEMS
None.

ADJOURNMENT
Mayor Uhring adjourned the meeting at 1:07 a.m.

Approved and adopted by the City Council of the
City of Malibu on __________.
_________________________________
STEVE UHRING, Mayor
ATTEST:
_________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
13

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Agenda Item #3.B.4.

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: June 11, 2024 Meeting date: June 24, 2024 Subject: Municipal Law Enforcement Services Agreement with the County of Los Angeles
RECOMMENDED ACTION: Authorize the Mayor to execute a new Municipal Law Enforcement Services Agreement (MLESA) between the City and the County of Los Angeles (County) for law enforcement services provided by the Los Angeles County Sheriff’s Department (Sheriff’s Department) from July 1, 2024 through June 30, 2029.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Proposed Budget for FY 2024-25 in Account No. 100-7021-5115 (Public Safety – LA County Sheriff’s Services).

The changes to the MLESA do not alter the cost structure of the previous agreement. The cost for law enforcement services is included in the City’s annual budget and rates for those services are reviewed annually by the County Auditor-Controller.

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

DISCUSSION: The City contracts with the County for the Sheriff’s Department to provide law enforcement services. The current MLESA between the City and the County is set to expire on June 30, 2024. A new five-year agreement has been drafted for the City Council's review and approval, with the next term starting on July 1, 2024, and concluding on June 30, 2029.

Over the past year, a subcommittee from the California Contract Cities Association (CCCA), consisting of City Managers, collaborated with the County and the Los Angeles Sheriff's Department (LASD) to negotiate and revise the MLESA. The proposed City Council Meeting
06-24-24
Item

3.B.4.

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Agenda Item #3.B.4.
agreement (Attachment 1) includes revisions that were mutually agreed upon by the County and the CCCA subcommittee.

The revised MLESA includes several changes based on the contract cities negotiations which are beneficial to the City. The changes include:
• Performance will be by Service Unit Rather than Overall – Agreement performance standard changes from one measure overall to several measures at the service unit level. As the MLESA performance is based on service minutes, the number of deputies and civilians procured by a city are translated into available minutes. This allows the County to mix and match minutes to achieve their 98-102% target but can lead to unintended consequences to underperforming in areas like traffic, special assignment, or motor units.
o Benefit: The change would set the 98-102% performance target for each specific unit – patrol, motor, and special assignment deputies increasing accountability to cities receiving the level of service expected when procuring specific resources. As an example, overages in patrol minutes cannot be made up by reducing service levels of a motor unit or special assignment deputy and vice versa.
• Retaining Vehicle of Deleted Service Unit – When a city adds a new resource that requires a vehicle (i.e. new deputy), the city incurs a significant first-year expense for the additional vehicle required for this new deputy. The maintenance and replacement costs of the vehicle are already integrated into the annual charge to the city if the city keeps the new deputy. While the LASD has a practice on this, the language of the MLESA was not explicit to protect a city from losing a deputy temporarily and then paying another new vehicle cost when the city restored the deputy. The MLESA adds language that a city can regain access to a vehicle procured with a new deputy service unit when the unit is deleted and restored within 24 months.
o Benefit: This codifies the language and extends it from 12 to 24 months, giving more flexibility for a city to avoid incurring a new vehicle cost. • Transfer of City Property to County – The agreement requires separate written agreements managed at the LASD contract city stations to govern items purchased by the City and temporarily transferred to the County. Additionally, the County must maintain a detailed and regularly updated inventory of all non-vehicle City equipment in its possession, including descriptions, serial numbers (if applicable), condition upon receipt, and location.
o Benefit: This language increases transparency and accountability in the handling of the City’s assets where the MLESA was previously silent.

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Agenda Item #3.B.4.
• Equipment Replacement after Extended Maintenance and Repair – The agreement requires that the County will make best efforts to provide a temporary replacement if the original equipment takes more than 60 days to be returned. o Benefit: The language strengthens the required effort the County must undertake to provide a replacement. A best effort would require the LASD to be more diligent in providing a replacement.
• Continue Negotiations on Indemnity Agreements – The agreement includes Section 5.4 which acknowledges indirectly the continued negotiations between the County and contract cities related to concerns that cities bear the full cost of liability for contract activities when the County should share in such liability. A Letter of Understanding between the County and the California Contract Cities Association (Attachment 2) outlines how both parties will work towards addressing concerns in several areas raised by contract cities.
o Benefit: The language does not guarantee a change, but it recognizes a mutual interest in ensuring the long-term viability of the Liability Trust Fund and controlling the increasing burden placed on cities for activities a city does not control. The County controls aspects of law enforcement operations (i.e. training, supervision, hiring, discipline, etc.) and to some extent should incur some of the liability, such as when there is gross negligence not controllable by a city. Further negotiations are a positive step.

The new Agreement is scheduled to be approved by the Los Angeles County Board of Supervisors at its regular meeting on June 25, 2024. All contract cities have been requested to approve the new agreement before June 30, 2024. Staff recommends approving this revised MLESA. The changes to the MLESA strengthen the LASD’s accountability to the City.

ATTACHMENTS:
1) Municipal Law Enforcement Services Agreement
2) Letter of Understanding Between County of Los Angeles and Contract Cities Association Regarding Contract Cities Liability Trust Fund Attachment 1

MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN

COUNTY OF LOS ANGELES
AND CITY OF _____________

TABLE OF CONTENTS

SECTION TITLE PAGE
RECITALS............................................................................................................. 1

1.0 SCOPE OF SERVICES…………............................................................ 1

2.0 ADMINISTRATION OF PERSONNEL................................................. 2

3.0 DEPLOYMENT OF PERSONNEL......................................................... 3

4.0 PERFORMANCE OF AGREEMENT.................................................... 6

5.0 INDEMNIFICATION............................................................................... 7

6.0 TERM OF AGREEMENT........................................................................ 8

7.0 RIGHT OF TERMINATION................................................................... 9

8.0 BILLING RATES….................................................................................. 9

9.0 PAYMENT PROCEDURES.................................................................... 10

10.0 NOTICES……………………................................................................... 11

11.0 AMENDMENTS…………….................................................................... 11

12.0 AUTHORIZATION WARRANTY......................................................... 12

13.0 ENTIRE AGREEMENT.......................................................................... 12 SIGNATURES....................................................................................................... 13 ATTACHMENT A: Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form
ATTACHMENT B: Contract City Law Enforcement Services and Equipment Master Rate Sheet
ATTACHMENT C: Public Safety Equipment Use Requirements
1 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN

COUNTY OF LOS ANGELES
AND CITY OF _________
This Municipal Law Enforcement Services Agreement ("Agreement") is made and entered into this ______ day of __________________, 2024 by and between the County of Los Angeles ("County") and the City of _________ ("City").

RECITALS
A. Whereas, the City is desirous of contracting with the County for the performance of municipal law enforcement services by the Los Angeles County Sheriff’s Department ("Sheriff's Department"); and
B. Whereas, the County is agreeable to rendering such municipal law enforcement services on the terms and conditions set forth in this Agreement; and C. Whereas, this Agreement is authorized by Sections 56½ and 56¾ of the County Charter and California Government Code Section 51301.

NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the parties mutually agree as follows:

1.0 SCOPE OF SERVICES

1.1 The County, by and through the Sheriff's Department, agrees to provide general law enforcement services within the corporate limits of the City to the extent and in the manner hereinafter set forth in this Agreement.

1.2 Except as otherwise specifically set forth in this Agreement, such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Sheriff's Department under the County Charter, State of California statutes, and the City municipal codes.

1.3 General law enforcement services performed hereunder may include, if requested by the City, supplemental security support, supplemental sworn officer support, and supplemental professional civilian support staff.
2 2.0 ADMINISTRATION OF PERSONNEL

2.1 During the term of this Agreement, the Sheriff or his designee shall serve as the Chief of Police of the City and shall perform the functions of the Chief of Police at the direction of the City.

2.2 The rendition of the services performed by the Sheriff's Department, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed shall remain with the County. The City understands and agrees that, at the Sheriff’s Department’s sole discretion, the Sheriff’s Department may redeploy personnel for mutual aid purposes pursuant to the California Emergency Services Act, codified at California Government Code Sections 8550-8668. Absent exigent circumstances, any sustained deployment of more than fifty percent (50%) of the City’s contracted items, with the calculation determined by service unit type, requires consultation with the City manager or his/her designee. For the purpose of this section, exigent circumstances are defined as such cases where the immediacy of deployment is of such nature where prior consultation is materially detrimental to public safety and the length of such deployment does not exceed 24 hours.

2.3 In the event of a dispute between the parties to this Agreement as to the extent of the duties and functions to be rendered hereunder, or the minimum level or manner of performance of such service, the City shall be consulted and a mutual determination thereof shall be made by both the Sheriff's Department and the City.

The City shall first consult with the Station Captain, Division Commander, and Division Chief, in an effort to reach a mutual determination. If a mutual determination cannot be realized at a subordinate level, then the matter will be elevated to a Sheriff’s Department Assistant Sheriff or the Sheriff.

2.4 With regard to Paragraphs 2.2 and 2.3 above, the Sheriff's Department, in an unresolved dispute, shall have final and conclusive determination as between the parties hereto.

2.5 All City employees who work in conjunction with the Sheriff’s Department pursuant to this Agreement shall remain employees of the City and shall not have 3 any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from the County based on this Agreement. No City employees as such shall become employees of the County unless by specific additional agreement in the form of a merger agreement which must be concurrently adopted by the City and the County. The Sheriff’s Department will provide approved City employees with the required training necessary to access authorized County programs (i.e. CAD, MDC, etc.), so such City employees can perform the functions of their positions.

2.6 While performing law enforcement services and functions under this Agreement, every Sheriff’s Department employee shall be authorized to enforce all City laws and regulations, including all City codes and ordinances.

2.7 The City shall not be called upon to assume any liability for the direct payment of any Sheriff's Department salaries, wages, or other compensation to any County personnel performing services hereunder for the City. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of the performance of services under this Agreement.

2.8 As part of its compliance with all applicable laws and regulations relating to employee hiring, the County agrees that the County Civil Service Rules to which it is subject and which prohibit discrimination on the basis of non-merit factors, shall for purposes of this Agreement be read and understood to prohibit discrimination on the basis of sexual orientation.

3.0 DEPLOYMENT OF PERSONNEL

3.1 Services performed hereunder and specifically requested by the City shall be developed in conjunction with the Sheriff's Department and indicated on Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement.

3.2 The City, or its designated representative, shall meet with its respective Sheriff's Department Station Captain when requesting law enforcement services to be performed in the City, and provide direction to the Sheriff's Department Station Captain regarding the method of deployment for such services. The City and the 4 Sheriff’s Department shall also determine a minimum daily standard of staffing needs for services rendered to ensure an adequate personnel presence during station operation and patrol. The City and the Station Captain shall meet to discuss the minimum daily standard which is documented in Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. The Station Captain shall endeavor to meet this standard without increased cost to the City. The Sheriff's Department shall ensure that all services are delivered in a manner consistent with the priorities, annual performance objectives, and goals established by the City.

3.3 The Sheriff's Department shall make every attempt to avoid deployment deficiencies (i.e., “busting” of cars) by following the daily minimum standard of staffing, as stipulated in Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. Should deployment deficiencies occur, the Sheriff’s Department should make every effort to reallocate those resources to the shift where the deficiencies occurred. Should the Sheriff's Department determine that a temporary increase, decrease, and/or realignment in the deployment methodologies is necessary, the Sheriff's Department shall promptly notify the City of this change in advance. In the event that prior notice is not possible, the City shall be notified of the change within two (2) City business days. If monthly service compliance falls below ninety-eight percent (98%) for each service unit type, then the Sheriff's Department Station Captain shall meet with the City to discuss compliance and identify a plan for resolution. If the quarterly and/or year-to-date (September 30th, December 31st, March 31st, and June 30th) service compliance falls below ninety-eight percent (98%) for each service unit type, then the respective Sheriff's Department Division Chief shall meet with the Sheriff's Department Station Captain and the City to discuss compliance and identify a plan for resolution. If the City is dissatisfied with the outcome of either resolution process, the matter will be elevated to a Sheriff's Department Assistant Sheriff or the Sheriff until all City concerns are fully resolved. Resolution may include, but is not limited to, the use of overtime, staffing adjustments, and/or City-initiated service suspensions, at no additional cost to the 5 City. If the City determines it is unnecessary, the City may waive either dispute resolution process discussed above.

3.3.1 The Sheriff’s Department shall monitor and make every attempt to backfill vacant and impaired (to include loaned) sworn supervisorial overhead positions by the beginning of the following quarter.

3.3.2 The Sheriff’s Department will work with the City to provide an appropriate tool and/or reports to demonstrate adequate service level compliance under this Agreement. Such service level compliance reports include, but not limited to, daily staffing levels, service levels, deployment of service units, daily deputy activity, or similar type data that is reasonably available.

3.4 A new Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be authorized and signed annually by the City and the Sheriff or his designee effective each July 1, and attached hereto as an Amendment to this Agreement.

3.5 Should the City request a change in the level of service other than pursuant to the annual July 1 readjustment, a revised Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be signed and authorized by the City and the Sheriff or his designee and attached hereto as an Amendment to this Agreement.

3.6 The most recent dated and signed Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement shall be the staffing level in effect between the County and the City.

3.7 The City is not limited to the services indicated in Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement. The City may also request any other service or equipment in the field of public safety, law, or related fields within the legal power of the Sheriff’s Department to provide. Such other services and equipment shall be reflected in a revised Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement under the procedures set forth 6 in Paragraphs 3.4 and 3.5 above.

3.8 With regard to any public safety equipment requested by the City and set forth on Attachment A, Los Angeles County Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement, the City shall adhere to the terms and conditions set forth in Attachment C, Public Safety Equipment Use Requirements, of this Agreement.

3.9 When a contracted service unit, requiring the procurement of a vehicle at the onset of service, is deleted from the Service Level Authorization (SH-AD-575) , and the City reinstates said service unit within a 24-month period, the City will not be required to procure a vehicle.

4.0 PERFORMANCE OF AGREEMENT

4.1 For the purpose of performing general law enforcement services under this Agreement, the County shall furnish and supply all necessary labor, supervision, equipment, technology, communication facilities, and supplies necessary to maintain the agreed level of service to be rendered hereunder.

4.2 Notwithstanding the foregoing, the City may provide additional resources for the County to utilize in performance of the services.

4.2.1 All bailments require a separate Bailment Agreement governing the County’s use of the bailed equipment. Such Bailment Agreements shall be administered at the station level. A bailment is a legal arrangement where one party (City) temporarily transfers possession of specific property or assets to another party (County) to facilitate the provision of certain services.

4.2.2 All donations made by a City to the County will be governed by the most current Sheriff’s Department donation procedures.

4.2.3 The County, through the Sheriff’s Department, acknowledges its obligation to maintain an inventory of all non-vehicle equipment owned by the City (“City Equipment”) provided to the County for its use. The inventory shall include, but not limited to, a detailed description of each item of City Equipment, its serial number (if applicable), its condition upon receipt, and its location. The County shall be responsible for regularly updating and maintaining the inventory of City Equipment, including documenting any changes in the status, condition, or location 7 of equipment. The inventory shall be kept current and accurate at all times during the term of this Agreement. Upon request by the City, the County shall provide access to the inventory records and facilitate any necessary inspections or audit of the City Equipment. The County shall cooperate fully with the City in verifying the accuracy and completeness of the inventory. In the event of loss, damage, or theft of any City Equipment while under the custody or control of the County, the County shall promptly notify the City in writing and provide a detailed explanation of the circumstances surrounding the incident. All inventory records shall be completed and maintained at the station level.

4.3 When and if both parties to this Agreement concur as to the necessity of maintaining a law enforcement headquarters or Sheriff’s Department substation within the City which would not normally be provided by the Sheriff’s Department, the City shall furnish at its own cost and expense all necessary office space, and the Sheriff’s Department shall have authority to negotiate with the City regarding which entity shall pay for furniture and furnishings, office supplies, janitor service, telephone, light, water, and other utilities.

4.4 It is expressly further understood that in the event a local office or building is maintained in the City, such local office or building may be used by the Sheriff’s Department in connection with the performance of its duties in territory outside of the City, provided, however, that the performance of such outside duties shall not be at any additional cost to the City.

4.5 Notwithstanding the foregoing, it is mutually agreed that in all instances where special supplies, stationery, notices, forms, and the like must be issued in the name of the City, the same shall be supplied by the City at its own cost and expense.

5.0 INDEMNIFICATION

5.1 The parties hereto have executed an Assumption of Liability Agreement approved by the County Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Agreement approved by the County Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this Agreement as if set out in full herein.
8 5.2 The parties hereto have also executed a County-City Special Indemnity Agreement approved by the County Board of Supervisors on August 25, 2009. This document is made a part of and incorporated into this Agreement as if set out in full herein.

5.3 In the event the County Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto.

5.4 Notwithstanding anything to the contrary contained in the Agreement, the indemnification term under this section shall be in effect for a period of nine (9) months, through and including March 31, 2025, with an automatic six-month (6) renewal thereafter, through and including September 30, 2025 (“Indemnification Extension”), unless: (a) this section is amended at any time prior to September 30, 2025; or (b) the entire Agreement is terminated earlier, pursuant to Section 7.0 of this Agreement. If the parties continue to perform under the Agreement after the expiration of the Indemnification Extension without any amendment to this section in accordance with Section 11.0, then the indemnification term under this section will be automatically renewed and incorporated herein for the entire duration of this Agreement.

6.0 TERM OF AGREEMENT

6.1 The term of this Agreement shall be from July 1, 2024 through June 30, 2029, unless sooner terminated or extended as provided for herein.

6.2 At the option of the County Board of Supervisors and with the consent of the City Council, this Agreement may be renewed or extended for successive periods not to exceed five (5) years each.

6.3 Nine (9) months prior to the expiration of this Agreement, the parties shall meet and confer in good faith to discuss the possible renewal or extension of this Agreement pursuant to Paragraph 6.2 above. The parties shall reach an agreement as to the terms of any renewal or extension period no later than six (6) months prior to the expiration of this Agreement. Absent mutual agreement by the parties within that time frame, this Agreement shall expire at the conclusion of the then-existing term.
9 7.0 RIGHT OF TERMINATION

7.1 Either party may terminate this Agreement as of the first day of July of any year upon notice in writing to the other party of not less than one hundred eighty (180) calendar days prior thereto.

7.2 Notwithstanding any provision herein to the contrary, the City may terminate this Agreement upon notice in writing to the County given within sixty (60) calendar days of receipt of written notice from the County of any increase in the rate for any service to be performed hereunder, and in such an event this Agreement shall terminate sixty (60) calendar days from the date of the City’s notice to the County.

7.3 This Agreement may be terminated at any time, with or without cause, by either party upon written notice given to the other party at least one hundred eighty (180) calendar days before the date specified for such termination.

7.4 In the event of a termination, each party shall fully discharge all obligations owed to the other party accruing prior to the date of such termination, and, except as otherwise provided herein, each party shall be released from all obligations which would otherwise accrue subsequent to the date of termination.

7.5 In the case of termination of this Agreement, the Sheriff will provide only such duties as are required by law.

8.0 BILLING RATES

8.1 The City shall pay the County for the services and equipment provided under the terms of this Agreement at the billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement, as established by the County Auditor-Controller.

8.2 The billing rates set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall be readjusted by the County Auditor-Controller annually effective July 1 of each year, published by the County, and attached hereto as an Amendment to this Agreement, to reflect the cost of such service in accordance with the policies and procedures for the determination of such rates as adopted by the County Board of Supervisors.

8.3 The City shall be billed at the current fiscal year’s billing rates based on the service level provided within the parameters of Attachment A, Los Angeles County 10 Sheriff’s Department Service Level Authorization (SH-AD 575) Form, of this Agreement.

8.4 The billing rates for other services and equipment requested pursuant to Paragraph

3.7 of this Agreement and not set forth on Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall be determined by the County Auditor-Controller in accordance with the policies and procedures established by the County Board of Supervisors and then set forth and published on a revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement.

9.0 PAYMENT PROCEDURES

9.1 The County, through the Sheriff's Department, shall render to the City, after the close of each calendar month, a summarized invoice which covers all services performed during said month, and the City shall pay the County for all undisputed amounts within sixty (60) calendar days after date of the invoice.

9.2 If such payment is not delivered to the County office which is described on the invoice within sixty (60) calendar days after the date of the invoice, the County is entitled to recover interest thereon. For all disputed amounts, the City shall provide the County with written notice of the dispute including the invoice date, amount, and reasons for dispute within ten (10) calendar days after receipt of the invoice.

The parties shall memorialize the resolution of the dispute in writing. For any disputed amounts, interest shall accrue if payment is not received within sixty (60) calendar days after the dispute resolution is memorialized.

9.3 Interest shall be at the rate of ten percent (10%) per annum or any portion thereof, calculated from the invoice due date, or in the case of disputed amounts, calculated from the date the resolution is memorialized.

9.4 Notwithstanding the provisions of California Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within sixty (60) calendar days after the date of the invoice, or in the case of disputed amounts, from the date the resolution is memorialized, the County may satisfy such indebtedness, including interest thereon, from any funds of the City on deposit with the County without giving further notice to the City of the County's 11 intention to do so.

10.0 NOTICES

10.1 Unless otherwise specified herein, all notices or demands required or permitted to be given or made under this Agreement shall be in writing and shall be hand delivered with signed receipt or mailed by first class registered or certified mail, postage prepaid, addressed to the parties at the following addresses and to the attention of the person named. Addresses and persons to be notified may be changed by either party by giving ten (10) calendar days prior written notice thereof to the other party.

10.2 Notices to the County shall be addressed as follows:

Los Angeles County Sheriff's Department
Contract Law Enforcement Bureau
Attn: Unit Commander
211 W. Temple Street. 7th Floor
Los Angeles, California 90012
Phone #: 213-229-1647

10.3 Notices to the City of shall be addressed as follows:

City of _________
Attn:

Address:

Phone #:

11.0 AMENDMENTS

11.1 Except for changes pursuant to Paragraphs 8.2 and 8.4 of this Agreement, all changes, modifications, or amendments to this Agreement must be in the form of a written Amendment duly executed by the County Board of Supervisors and an authorized representative of the City.

11.2 Notwithstanding Paragraph 11.1 above, the Sheriff or his designee is hereby authorized to execute, on behalf of the County, any Amendments and/or supplemental agreements referenced in Sections 3.0, 4.0, and 9.0 of this Agreement.

11.3 In accordance with Paragraphs 8.2 and 8.4 of this Agreement, the Sheriff or his designee is hereby authorized to publish, on behalf of the County, the annual revised Attachment B, Contract City Law Enforcement Services and Equipment 12 Master Rate Sheet, of this Agreement. The revised Attachment B, Contract City Law Enforcement Services and Equipment Master Rate Sheet, of this Agreement shall serve as an Amendment to this Agreement, but shall not require the signature of either party.

12.0 AUTHORIZATION WARRANTY

12.1 The City represents and warrants that the person executing this Agreement for the City is an authorized agent who has actual authority to bind the City to each and every term, condition, and obligation of this Agreement and that all requirements of the City have been fulfilled to provide such actual authority.

12.2 The County represents and warrants that the person executing this Agreement for the County is an authorized agent who has actual authority to bind the County to each and every term, condition, and obligation of this Agreement and that all requirements of the County have been fulfilled to provide such actual authority.

13.0 ENTIRE AGREEMENT
This Agreement, including Attachment A, Attachment B, and Attachment C, and any Amendments hereto constitute the complete and exclusive statement of understanding of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter of this Agreement. No change to this Agreement shall be valid unless prepared pursuant to Section 11.0, Amendments, of this Agreement.
13 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN

COUNTY OF LOS ANGELES
AND CITY OF _________
IN WITNESS WHEREOF, the County of Los Angeles, by order of its Board of Supervisors, has caused this Agreement to be executed by the Sheriff of Los Angeles County, and the City has caused this Agreement to be executed by its duly authorized representative, on the dates written below.

COUNTY OF LOS ANGELES
By ________________________________
ROBERT G. LUNA
Sheriff
Date _______________________________
CITY OF _________
By ________________________________
Date _______________________________
ATTEST:

By__________________________
City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:

DAWYN R. HARRISON CITY ATTORNEY
County Counsel
By _________________________ By _________________________ Principal Deputy County Counsel
Attachment 2

LETTER OF UNDERSTANDING

BETWEEN

COUNTY OF LOS ANGELES

AND CONTRACT CITIES ASSOCIATION

REGARDING CONTRACT CITIES LIABILITY TRUST FUND
The Los Angeles County Sheriff's Department (LASD) provides law enforcement services to 42 cities in Los Angeles County (Contract Cities) through the Municipal Law Enforcement Services Agreement (MLESA). The MLESA is negotiated every five years, and we are pleased to have reached agreement with the Contract Cities on a five-year MLESA renewal, effective July 1, 2024. We value our mutual goal and partnership to keep our communities safe.

During the negotiation of the renewed MLESA, both Contract Cities and the County of Los Angeles (County) agreed that continued discussions around the MLESA’s indemnification provisions are warranted. The increasing value of legal settlements and jury verdicts, escalating insurance costs, and other factors have raised concerns about the potential for exposure to liability at severe or unanticipated levels.

This Letter of Understanding (LOU) sets forth the framework within which the County and Contract Cities intend to continue discussions around the MLESA’s indemnification provisions. It is not intended, nor shall it be construed, to impose any monetary or legal duty upon either party.

I. PURPOSE
The purpose of this LOU is to memorialize the County’s and Contract Cities’ mutual intent to continue to discuss potential changes to the indemnification provisions contained in Section 5.0 (Indemnification) of the MLESA, and to discuss funding models and practices with respect to liability costs.

In the renewed MLESA, the parties agreed to maintain the indemnification language from the prior MLESA for a period of nine (9) months, with an automatic extension for an additional six (6) months, to allow these continued discussions to take place.

Neither the County nor Contract Cities are committing to any particular resolution or agreement resulting from these discussions, and this LOU is not enforceable against either the County or Contract Cities.

Page 1 of 3 ends

Attachment 2
II. TOPICS FOR DISCUSSIONS
The County and Contract Cities intend to discuss the specific topic areas identified below. These topic areas are described generally so as not to be unduly prescriptive or limiting. However, the County and Contract Cities do not intend by this LOU to discuss topic areas outside the reasonable scope of the Assumption of Liability Agreement, Indemnity Agreement, Special Indemnity Agreement and those items listed below, and agree that limiting discussion to these topic areas will ensure that discussions proceed in a focused, orderly, and timely manner.

1. Acts or omissions by LASD employees that will not be considered “Contract City business” for the purposes of determining whether the LTF shall pay for resulting litigation costs and liability.

2. Loss control measures to reduce liabilities paid for by the LTF.

3. A formal process to resolve disputes between the County and Contract Cities over responsibility for certain costs of litigation or liability.

4. Responsibility for the costs to defend LASD employees and punitive damages awards under certain circumstances, including but not limited to, when employees are engaged in conduct outside the course and scope of their employment, illegal or sexual activity or with willful disregard for the safety of others.

5. Participation by Contract Cities in the selection of attorneys for Priority 1 & 2 cases, as well as discussions of which firms should be on the panel..

6. Defining what constitutes timely notice by the County to Contract Cities’ claims and the ramification of a failure to do so.

7. Litigation cost reduction measures.

8. Addressing the solvency of the LTF.

9. Discuss other fee-for-service models that reflect the County’s desire to fully recover its cost of providing MLESA services in Contract Cities, including any liability costs, and the Contract Cities’ desire to reduce liability costs associated with the existing MLESA structure.

III. MEETING SCHEDULE AND FORMAT
Within 15 days of the execution of this LOU by all parties, the parties will mutually agree on a meeting schedule. Meetings will take place no less than monthly, either in person or virtually. To foster meaningful and productive discussions, the County and Contract Cities intend to limit their respective number of participants at each meeting to no more than six (6) representatives each. County representatives will include, at a minimum, the Chief Executive Office, LASD, and County Counsel.

Contract Cities’ representatives will include, at a minimum, Contract Cities Executive Director, the California Joint Powers Insurance Authority, and a representative from the City Managers workgroup. This does not restrict the use of external professionals to assist in any technical analysis beneficial to the discussions.

Page 2 of 3 ends

Attachment 2
IV.

COUNTY OF LOS ANGELES
By:

Signature
Name:

Date:

Title:

LOS ANGELES SHERIFF’S DEPARTMENT
By:

Signature
Name:

Date:

Title:

CONTRACT CITIES ASSOCIATION
By:

Signature
Name:

Date:

Title:

Page 3 of 3 ends

Page 1 of 2 ends

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Cynthia Alba, Executive Assistant
Approved by: Steve McClary, City Manager
Date prepared: June 4, 2024 Meeting date: June 24, 2024 Subject: Commission Work Assignments for Fiscal Year 2024-25 RECOMMENDED ACTION: Approve work assignments for the Harry Barovsky Memorial Youth Commission, Malibu Arts Commission, Parks and Recreation Commission, Public Safety Commission, and Public Works Commission for Fiscal Year 2024-25.

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

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

DISCUSSION: Each year, the City Council directs the City’s commissions (except the Planning Commission) to focus attention on specific work assignments. Throughout the year, the Council may choose to modify those assignments or add new assignments, if appropriate. City staff prepares commission agendas based on these assignments. The commission assignments will be directed by the Council to align with established priorities within the Strategic Priority Project List for the assignments to be worked on.

Suggested lists of assignments have been discussed by each Commission and are presented to the Council for consideration and approval.

The Council is requested to approve the attached suggested assignments for each Commission. The Council may also add to or edit the suggested assignments, as appropriate.

City Council Meeting
06-24-24
Item

3.B.5.

Page 2 of 2 ends

ATTACHMENTS:

Suggested Fiscal Year 2024-25 Assignments:

1. Harry Barovsky Memorial Youth Commission

2. Malibu Arts Commission

3. Parks and Recreation Commission

4. Public Safety Commission

5. Public Works Commission
Attachment 1
City of Malibu

M E M O R A N D U M
To: Steve McClary, City Manager
From: Harry Barovsky Memorial Youth Commission
Date: May 28, 2024
Re: PROPOSED Youth Commission Assignments for Fiscal Year 2024-25 At its Regular meeting on May 2, 2024, the Youth Commission recommended the following be included in its assignment in FY 2024-25:

1. Each Commissioner will volunteer at two City special events; Tiny Tot Olympics, Halloween Bu Bash Carnival, Breakfast with Santa, and Chumash Day

2. Coordinate bimonthly in-person community service learning opportunities

3. Coordinate bimonthly donation-based programs that benefit nonprofit organizations

4. Coordinate a community movie night or film screening focusing on teen wellness

5. Host three presentations from local government agencies and non-profit organization representatives regarding their career path and job responsibilities

6. Promote environmental sustainability by hosting a Beach Clean-Up Day

7. Develop social media content to promote Voter Registration and participation

8. Review opportunities for teen outreach and communication to increase attendance and awareness at programs and events

9. Review and provide feedback on City projects and programs

10. Make bimonthly oral reports as needed to City Council on Commission activity

11. Submit a mid-year written report to the City Council on Commission activity Attachment 2
City of Malibu

M E M O R A N D U M
To: Steve McClary, City Manager
From: Malibu Arts Commission
Date: April 23, 2024
Re: PROPOSED Malibu Arts Commission Assignments for Fiscal Year 2024-25 At its Regular meeting on April 23, 2024, the Malibu Arts Commission recommended the following be included in its assignment in FY 2024-25:

1. Facilitate regular art events at City facilities and businesses

2. Review and recommend policies, procedures, and projects in accordance with the Art in Public Places Ordinance

3. Provide feedback regarding advertising, marketing, website content on the Malibu Arts Commission website and arts programs and events within Malibu and outside City limits

4. Work with staff to facilitate arts programs, screenings, and events, including Arts in Education outreach in Malibu schools and partnerships with local organizations such as the Malibu Film Society

5. Provide opportunities for, and coordinate meetings, with Malibu business owners and artists to promote, recognize, invest, exhibit local artists, and promote the inclusion of art in business locations

6. Provide feedback regarding updates for arts events, programs and projects

7. Review and provide feedback regarding Commission branding

8. Assist Planning staff on the development of a Zoning Text Amendment (ZTA) regarding the display of art throughout the City

9. Provide input regarding the current Temporary Use Permit process to allow temporary popup galleries, performances, screenings, and events in spaces in Malibu

10. Explore the possibility of a Performing Arts Center and advise the City Council on Commission recommendations (revised)

11. Explore the possibility of an Artist in Residence Program (revised)

12. Explore developing relationships with commissions to exchange ideas and explore a partnership event (revised)

13. Explore the development of a Malibu creative directory

14. Coordinate with Malibu organizations and stakeholders to develop a unified approach to the arts in Malibu
Attachment 2

15. Make oral reports as needed to the City Council on Commission activities

16. Submit a mid-year written report to the City Council on Commission activity Attachment 3
City of Malibu

M E M O R A N D U M
To: Steve McClary, City Manager
From: Parks and Recreation Commission
Date: April 16, 2024
Re: PROPOSED Parks and Recreation Commission Assignments for Fiscal Year 2024-25 At its Regular meeting on April 16, 2024, the Parks and Recreation Commission recommended the following be included in its assignment in FY 2024-25:

1. Review and provide feedback regarding the Permanent Skate Park permitting and fundraising efforts (revised)

2. Provide feedback and recommendations to the City Council regarding the design of the permanent snack shack, related facilities, and landscaping (revised)

3. Provide feedback regarding the Malibu Community Lands Outreach survey results (new)

4. Provide feedback regarding the development of a multigenerational recreation center with library services and a swimming pool utilizing Library set-aside funds on the Heathercliff property

5. Receive updates and provide feedback on the Legacy Park Rehabilitation Project and outdoor programming relating to rehabilitation or integration of native habitat (revised)

6. Provide oversight, feedback, and recommendations for public education, outreach, implementation, and awareness of the Earth Friendly Management Policy

7. Provide recommendations to the City Council regarding the removal of invasive species to decrease fire risk

8. Review and provide feedback and recommendations regarding the Charmlee Nature Center reopening

9. Facilitate public outreach and design meetings regarding amenities and potential placement of park enhancements or equipment in City parks

10. Review and provide feedback regarding Community Services Department programs and projects

11. Nominate and recommend recipient(s) for the 2025 Jake Kuredjian Citizenship Award to City Council

12. Review the Parks Master Plan and make recommendations regarding the priority of facilities and amenities at existing and potential future City Parks Attachment 3

13. Review and recommend to City Council revisions to the Park Rules, Dog Park Rules, and Municipal Code 12.08 - Parks, Beaches and Other Recreation Areas

14. Review and provide feedback on mentorship and docent programs to incorporate community leaders, retired professionals, athletes, business owners, or college students at City parks (revised)

15. Review information regarding Malibu youth sports organizations and related field space needs

16. Review and provide feedback regarding a permanent softball field at a City facility (new)

17. Review and provide feedback regarding monthly staff updates on parks, programs, facilities, and projects

18. Review and provide feedback regarding a dog park at Las Flores Creek Park

19. Make bi-monthly oral reports to the City Council on Commission activity

20. Submit a midyear written report to the City Council on Commission activities Attachment 4
City of Malibu

M E M O R A N D U M
To: Steve McClary, City Manager
From: Public Safety Commission
Date: May 1, 2024
Re: PROPOSED Public Safety Commission Assignments for Fiscal Year 2024-25 At its Regular meeting on April 3, 2024, the Public Safety Commission recommended the following be included in its assignment in FY 2024-25:

1. Provide feedback and recommendations regarding proposed and current Public Safety Department programs.

2. Provide feedback and recommendations about parking program education.

3. Provide feedback and recommendations on the Summer Beach Team deployment schedule.

4. Provide feedback and recommendations on current efforts to manage homelessness and minimize encampment fires.

5. Provide feedback and recommendations regarding updates to City Emergency Plans.

6. Conduct an annual review of Fire Department and Lifeguard services.

7. Conduct an annual review of Sheriff’s Department services.

8. Review the Summer Beach Enforcement Operation Summary report.

9. Perform post-disaster assessment of City response, as needed.

10. Make recommendations for permanent locations for an impound site.

11. Staff a booth at the 2024 Public Safety Expo.

12. Make bimonthly oral reports to the City Council on Commission activity.

13. Submit a mid-year written report to the City Council on Commission activities.

Attachment 5
City of Malibu

M E M O R A N D U M
To: Steve McClary, City Manager
From: Public Works Commission
Date: April 25, 2024
Re: PROPOSED Public Works Assignments for Fiscal Year 2024-25 At its Regular meeting on April 24, 2024, the Public Works Commission recommended the following be included in its assignment in FY 2024-25:

1. Review and make recommendations to the City Council on Capital Improvement and Disaster Projects

2. Review and make recommendations to the City Council for an updated five-year Capital Improvement Projects Plan

3. Report on the status of Los Angeles County Waterworks, District 29 infrastructure and make recommendations toward long-term solutions

4. Review utility undergrounding options within the City

5. Review parking issues citywide

6. Review and make recommendations regarding a Green Fleet Policy

7. Review and make recommendations regarding a Neighborhood Beautification Program

8. Review the maintenance and monitoring of the City’s landslide assessment districts

9. Review and make recommendations on the Pavement Management Plan

10. Review the operation and maintenance of the wastewater and stormwater treatment facilities

11. Review and make recommendations on offsite Private Development mitigation measures that are constructed within the public right-of-way

12. Incorporate discussion of alternative transportation modes, such as bike lanes, in all road improvement projects

13. Make bimonthly oral reports to the City Council on Commission activity

14. Submit a mid-year written report to the City Council on Commission activities

Page 1 of 2 ends

Agenda Item # 3.B.6.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Nadia Fahoum, Assistant Civil Engineer
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: May 15, 2024 Meeting date: June 24, 2024 Subject: Acceptance of Bluff’s Park South Walkway Repair Project RECOMMENDED ACTION: 1) Accept the work performed by Ardalan Construction Company, Inc. for the Bluff’s Park South Walkway Repair Project, Specification No. 2106 as complete; and 2) Authorize the Public Works Director to submit for recordation a Notice of Completion.

FISCAL IMPACT: No additional appropriation is required. Funding for this project is included in the Adopted Budget for FY 2023-24 in Account No. 310-9097-5100 (Malibu Bluff’s Park South Walkway).

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

DISCUSSION: On January 22, 2024, City Council awarded the Bluff’s Park South Walkway Repair Project to Ardalan Construction Company, Inc. This project included earthwork to build up the natural grade, the construction of a new concrete deepened curb that runs alongside the walkway where erosion is most likely to occur, and the repair of damaged concrete panels. The project intended to address safety, erosion, and undermining of the walkway. The proposed deepened curb is exposed approximately 4- inches and will act as a means to protect the base of the walkway from erosion, as well as safeguard against rodents burrowing and undermining the walkway.

The work is now complete. Staff recommends the City Council to accept the work performed by Ardalan Construction Company, Inc. and authorize the Public Works Director to submit for recordation a Notice of Completion for the project.

City Council Meeting
06-24-24
Item

3.B.6.
1

Page 2 of 2 ends

Agenda Item # 3.B.6.

Upon acceptance by the City Council of the work associated with this contract, staff will record the Notice of Completion with the Los Angeles County Registrar/Recorder's Office which will allow the City to then release the retention monies following a required 35-day holding period.

ATTACHMENTS: None
2

Page 1 of 2 ends

Agenda Item # 3.B.7.

RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with American Global Security, Inc.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2023-24 in Account No. 100-4010-5100-00 (Park Maintenance Professional Services) and Account No. 100-4011-5107-00 (Special Events Contract Personnel).

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

DISCUSSION: On July 10, 2023, Council approved a Professional Services Agreement (Agreement) with American Global Security (Consultant) to provide professional security services at City parks, special events, and facility rentals. The Consultant’s primary responsibilities include locking and securing the Malibu Equestrian Park, Las Flores Creek Park, and Trancas Canyon Park seven days a week, 365 days a year, and no additional fees are required to complete the daily services and fees will remain at $37,800.

Staff is recommending this amendment to the agreement to cover additional costs necessary for the Consultant to provide security personnel for special events. In early 2024, staff completed an Emergency Action, Pedestrian, and Traffic Safety Plan for the Chumash Day Powwow and Intertribal Gathering. As a result, additional security personnel and crossing guards were recommended for the event, resulting in expenses of approximately $4,000. Security personnel also work at Malibu Bluffs Park during hightraffic holidays, such as Independence Day, and art exhibition openings (when needed).

City Council Meeting
06-24-24
Item

3.B.7.
1

Page 2 of 2 ends

Agenda Item # 3.B.7.

The additional cost for security coverage for special events will not exceed $24,900 annually. Renters will pay expenses incurred for facility rental security.

Since the initiation of the agreement, the consultant has provided great customer service, been responsive, and met the Department’s expectations. Staff recommends that the Council approve Amendment No. 1 with American Global Security for additional special event security.

ATTACHMENTS: Amendment No. 1 to Agreement with American Global Security 2 AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered in the City of Malibu on June 24, 2024, by and between the CITY OF MALIBU, hereinafter referred to as City, and American Global Security, Inc., hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On July 10, 2023, the City entered into an Agreement with Consultant to secure the Malibu Equestrian Park, Las Flores Creek Park, and Trancas Canyon Park every day at closing. Additional security services included special events and facility rentals, as needed (the Agreement).

B. The City desires to amend the Agreement to increase the annual compensation for special event 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 4.0 Compensation for Services, of the Agreement, is hereby amended to the cost of daily services shall be $3,150 per month, and $24,900 annually for special events for a total amount not to exceed $63,000 annually.

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. 1 remain in full force and effect.

This Agreement is executed on ______________________, at Malibu, California, and effective as of June 24, 2024.

CITY OF MALIBU:
____________________________________
STEVE UHRING, Mayor
ATTEST: ____________________________________ KELSEY PETTIJOHN, City Clerk (seal)
APPROVED AS TO FORM: CONSULTANT: _____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: SULAIMAN ABDULWALI Title: Regional Vice President
3 Attachment 1

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Agenda Item # 3.B.8.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Steve McClary, City Manager
Date prepared: June 3, 2024 Meeting date: June 24, 2024 Subject: Professional Services Agreement with Enhanced Landscape Management LLC
RECOMMENDED ACTION: Authorize the Mayor to execute a Professional Services Agreement with Enhanced Landscape Management LLC to provide landscape maintenance services through June 30, 2027.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Proposed Budget for FY 2024-25 in Account No. 100-4010-5100-00 (Park Maintenance Professional Services), 500-7008-5100-00 (Legacy Park Professional Services), and 103-9050-5100-00 (City Hall Operations Professional Services).

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

DISCUSSION: The City recently completed the Request for Proposals (RFP) process for a new landscape maintenance services agreement for City parks, facilities, City Hall, parkways, and medians. The process was last completed in late 2019, and the City’s current Agreement ends on June 30, 2024.

Proposals for the RFP were due on May 3, 2024. The City received five proposals in response to the RFP. Staff reviewed the submitted proposals and interviewed three contractors on May 14, 2024. Following the interviews, staff contacted references, verified the cost proposals, and confirmed the contractor’s specifications in their submitted proposal. Based on the information, staff selected to continue working with the current landscape maintenance contractor, Enhanced Landscape Management LLC (Enhanced).

City Council Meeting
06-24-24
Item

3.B.8.
1

Page 2 of 2 ends

Agenda Item # 3.B.8.

Enhanced has worked as the City’s landscape maintenance contractor since 2019. The contractor understands the scope of work, has demonstrated excellent service, and is committed to the City’s Earth Friendly Management Policy (EFMP). Additionally, Enhanced has agreed to become an all-electric vendor for the City. They have purchased all-electric maintenance equipment, including lawnmowers, leaf blowers, trimmers, and lawn edgers, that will be used exclusively under the Agreement.

The 2024 RFP Landscape Maintenance Scope of Work was adjusted compared to 2019.

City park maintenance staff will maintain overhead irrigation and power washing facilities. Due to the adjustment, Enhanced slightly reduced the cost of services compared to the previous Agreement.

Staff recommends that the Council approve the Professional Services Agreement with Enhanced Landscape Management to provide landscape maintenance services. The agreement will be for three years, beginning July 1, 2024, and the estimated annual payment will be $517,200.

ATTACHMENTS: Professional Services Agreement with Enhanced Landscape Management LLC
2 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of June 24, 2024, by and between the City of Malibu (hereinafter referred to as the "City") and Enhanced Landscape Management 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 the personnel able and/or available to perform the services required under this Agreement.

B. The City desires to contract services for work relating to landscape maintenance of city parks, medians, and parkways, in addition to weekend liner service.

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

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

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

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

2.0 TERM OF AGREEMENT. This Agreement will become effective on July 1, 2024, and will remain in effect for a period of three years with an option to extend the Agreement under the same terms and conditions for up to three additional one-year periods from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

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

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work’s fee and cost schedule. The cost of services shall not exceed $43,100 per month, for a total amount not to exceed $517,200 annually for the term of the agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

Attachment 1
3 Agreement for Professional Services
Enhanced Landscape Management LLC

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

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

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

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

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

6.0 GENERAL TERMS AND CONDITIONS.

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

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

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

6.1.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages. 4 Agreement for Professional Services
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6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.

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

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

6.5 Indemnification.

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

6.5.1. Duty to defend:

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

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

6.7 Independent Contractor. This Agreement is by and between the City and the Consultant and is not intended, and shall not be construed, to create the relationship of agency, servant, employee, partnership, joint venture, or association, as between the City and the 5 Agreement for Professional Services
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Consultant.

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

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

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

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

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

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

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

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

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

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

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

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

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

CITY: Steve McClary CONSULTANT: Enhanced Landscape Management LLC City Manager Executive Vice President
City of Malibu Greg Epstein
23825 Stuart Ranch Road 28447 Witherspoon Parkway
Malibu, CA 90265-4861 Valencia, CA 91362
TEL (310) 456-2489 x 226 TEL (805) 557-2727
FAX (310) 456-2760

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

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

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

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

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

CONSULTANT: _______________________________________ By: GREG EPSTEIN, Executive Vice President CITY OF MALIBU: ___________________________________ STEVE UHRING, Mayor ATTEST: ___________________________________ KELSEY PETTIJOHN, City Clerk (seal)
APPROVED AS TO FORM: ___________________________________ TREVOR RUSIN, Interim City Attorney 9 Agreement for Professional Services
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EXHIBIT A

SCOPE OF WORK
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Exhibit A - Scope of Work July 2024
Scope of Work

1. General Specifications

1.1 Statement of Work – The Contractor shall provide skilled landscape maintenance personnel, materials, tools, equipment, and transportation to perform landscape maintenance services on City properties under the jurisdiction of the City of Malibu Community Services Department. The Contractor is responsible for providing all supplies and equipment connected to the services performed under the Agreement. All materials are subject to the approval of the City of Malibu’s Contract Administrator or their designated representative (Contract Administrator).

1.2 Term and Extension – The length of the Agreement shall be three years with the option to extend the Agreement under the same terms and conditions for up to three additional one-year periods from the date of expiration, provided that both Parties mutually agree in writing to such extension, which is subject to City Council approval. The total maximum length of the Agreement is six years. The City may cancel the Agreement upon thirty (30) days written notice. The Contractor may cancel the Agreement with the City upon thirty (30) days written notice.

1.3 Additions/Deletions – The City reserves the right during the Agreement term or resulting extensions to add or remove properties with ten (10) days written notice. Additions shall be added at the same rate for comparable properties under the Agreement. If there are no comparable properties, the City shall negotiate the price with the Contractor. If the request for additional work begins during a billing cycle, the payment shall be prorated for the month of work commenced.

1.4 Hourly Rate/Certified Payroll – The provisions of the California Labor Code will be incorporated in and govern the Agreement. The Contractor will be required to pay not less than the general prevailing rate of per diem wages as determined by the Department of Industrial Relations, copies of which are on file in the office of the Agency and will be made available upon request.

1.5 Progress Payments
a. The Contractor will be paid only for work completed at each location maintained as verified by the City.
b. The Contractor is required to perform scheduled maintenance operations specified in the Agreement. Failure on the part of the Contractor to perform any such maintenance operations will result in the 11 Agreement for Professional Services
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Exhibit A - Scope of Work July 2024
progress payment deductions equivalent to the product resulting from the multiplication of the units (or subunits) by the property site quoted by the Contractor multiplied by the number of working days of failed performance.
c. The City will notify the Contractor or their designee representative of failure to perform any required operation. This notification will be in writing and indicate the operation not performed, along with the location, time, dates, property site, square footage, and amount to be deducted from the upcoming progress payment.
d. All progress payments will be for work performed as adjusted to reflect deductions for failure to perform as specified.

1.6 Work Force and Schedule
a. The Contractor’s work force shall consist of company skilled landscape maintenance personnel and subcontractors. The Contractor’s crew(s) shall be supervised by a Contractor-designated Lead Worker. The designated Lead Worker/Supervisor shall effectively communicate with City staff. In the event of the absence of the regular Lead Worker/Supervisor, it will be the responsibility of the Contractor to designate an acting Lead Worker/Supervisor to oversee the crew while performing the maintenance operations specified in the Agreement. The Contractor must notify the City of any such designation before the beginning of any shift by contacting the Contract Administrator either by phone or e-mail.
b. The City reserves the right to reject landscape crew personnel or supervisors of the Contractor’s workforce. It shall be the Contractor’s responsibility to replace such rejected workers in a manner that will not affect the execution of the responsibilities specified in the Agreement. c. The City reserves the right to change the work hours and shift schedule.

The Contractor shall be notified at least one (1) full week before such changes.
d. The City will not recognize any holidays as paid holidays for Contractor employees.
e. Identification of all vehicles and equipment in connection with the Agreement shall be visibly marked with company identification. 12 Agreement for Professional Services
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Exhibit A - Scope of Work July 2024
f. All employees must be at least eighteen (18) years of age, appropriately trained, and qualified for the work assigned to them. All employees must be able to follow directions and be physically capable of performing their duties.
g. The Contractor shall provide uniforms to the employees assigned to work on the contract so that the Contractor’s employees can be easily identified. Uniforms shall bear the employee’s name and the company’s name or logo and present a professional appearance.
h. Contractor(s) may not allow anyone who is not an employee or principal with the company or anyone not on duty on City premises.

1.7 Labor Strike
a. The Contractor shall be responsible for its labor relations with any trade or union representative among its employees and shall negotiate and be responsible for adjusting all the disputes between itself and its employees or any union representing such employees. If the Contractor knows about an actual or potential labor dispute that could delay or threaten the timely performance of the services, the Contractor shall immediately give written notice thereof to the City.
b. The Contractor shall be responsible for providing continuous maintenance services, without interruption, to all locations specified within the Agreement. In the event of a labor strike, the Contractor shall provide other means to provide continuous and comparable service at the Contractor’s cost. Failure to do so will cause the City to take any action necessary to provide the service, with any cost beyond the Contractor’s normal rates (which will be deducted from the Contractor’s progress payment) to the City being borne by the Contractor.

1.8 Subcontractor/Assignment of Agreement – The Contractor shall not subcontract any portion of the Agreement, or any additions made to the Agreement without first receiving approval from the City. All persons engaged in landscape maintenance work shall be considered employees of the Contractor, with the supervisor being responsible for their work. The Agreement may not be assigned to another owner or entity without City approval.

1.9 Duties and Responsibilities
a. The City’s Contract Administrator will function as the administrator of the Agreement and will manage, coordinate, and verify the completion 13 Agreement for Professional Services
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Exhibit A - Scope of Work July 2024
of all maintenance operations specified in the Agreement. They will also provide written notice of failure to perform the Agreement and indicate the amount to be deducted from the forthcoming progress payment. b. The Contractor’s Lead Worker/Supervisor is responsible for executing the maintenance operations specified in the Agreement. He represents the Contractor and is responsible for supervising the Contractor’s employees while they are performing the landscape maintenance service.

1.10 Scope of Work – It is the intent of the scope of work to include all maintenance services, materials, supplies, tools, equipment, and transportation necessary to maintain all portions of the property specified in the Agreement. It is understood and agreed that only the highest possible industry standards of landscape maintenance will be accepted and shall be consistently maintained.

1.11 Disclosure of Information
a. The Contractor agrees that it will not during or after the term of the Agreement disclose any proprietary information or confidential business information of the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any person, firm, corporation, association, or other entity or to the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary information received by the Contractor shall be used exclusively in connection with the performance of the services.
b. The Contractor shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the Contractor hereunder or mentioning or implying the name of the City or its personnel without the prior written consent of the City.

1.12 Energy Conservation/Recycled Goods Usage – The Contractor shall comply with the City’s energy conservation and recycling practices.

1.13 Employee Food Service – The Contractor shall not be allowed to bring on to the City’s property any food or beverage catering trucks, vending machines, or other serving facilities without prior written authorization from the City.

1.14 Key Control
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Exhibit A - Scope of Work July 2024
a. The Contractor shall adequately secure keys (physical or cards), other entry devices, and codes provided by the City. The Contractor shall maintain a record of the key numbers issued to its employees. b. The Contractor shall not duplicate and shall not allow such items to be duplicated or removed from the site of the services.
c. The Contractor shall immediately report lost, missing, broken, or stolen items to the Contract Administrator. Should the Contractor lose or have stolen any keys issued to the Contractor by the City, the cost of changing locks, keys, or other devices will be deducted from the contractor’s invoice for work performed under the Agreement.
d. The Contractor shall physically present all keys (physical and cards) and other entry devices for verification upon request of the City.

2. Change Orders

2.1 The City may, on occasion, without invalidating the Agreement, by modifying, adding, removing areas to the Agreement; by modifying, adding, or removing space; by modifying, adding, or removing routine services; or by modifying, adding, or removing specifications. All such changes shall be ordered using a written change order. The City and the Contractor shall agree upon any changes in the compensation to the Contractor resulting from such change orders.

3. Contract Administrators

3.1 The City shall designate the Community Services Director or their designated representative as Contract Administrator, who shall act on behalf of the City concerning all aspects of the Agreement.

3.2 The administration of the Agreement is vested wholly in the Contract Administrator. The Contract Administrator shall have complete authority to require the Contractor to comply with all provisions of the Agreement. The Contractor shall strictly and promptly follow the instructions of the Contract Administrator at all times. The Contract Administrator’s decision upon all questions, claims, and disputes will be final and conclusive upon the parties of the Agreement. The Contract Administrator shall exercise any discretionary authority in a reasonable manner.

3.3 The Contractor shall provide the Contract Administrator free and easy access to inspect and measure the manner and progress of the services at 15 Agreement for Professional Services
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Exhibit A - Scope of Work July 2024
all times and to inspect the types and quantities of tools, equipment, supplies, and all other materials used in the performance of the services. It is agreed that such inspection and measurement is not to control or direct the services or employees of the Contractor but to assure that all services meet the requirements of the Agreement.

3.4 The Contract Administrator shall decide all questions that arise as to conformance of, and acceptability of tools, equipment, supplies, materials, methods, and procedures used in the performance of the services concerning the requirements included herein. The Contract Administrators shall decide all questions which may arise as to the interpretation of the Agreement documents relative to the services and the fulfillment of the Agreement on the part of the Contractor.

3.5 The Contract Administrator will determine the amount and quality of the several kinds of services performed and material furnished, which are to be paid for under the Agreement.

3.6 The Contract Administrator shall have the authority to require the Contractor to make temporary changes in the assignment of routine services, tasks, and task frequencies if such changes do not affect the unit prices. Such temporary changes shall not affect the amount of payment to the Contractor.

4. Obligations, Workmanship, Supervision and Damage

4.1 Contractor shall perform all work by following the best industry standards of landscape maintenance, including maintenance, workmanship, safety practices, and standards of cleanliness. All work shall comply with the City’s Earth Friendly Management Policy (EFMP, Attachment 2). The Contractor will not use poisons, including pesticides, herbicides, insecticides, and rodenticides, on all City-owned, leased, or managed property.

4.2 Contractor must provide and currently possess the following before submitting a proposal: the Contractor’s California State License, 24-hour answering service, central office/yard, references from clients with similar landscape maintenance projects, including at least three years’ experience in park, facility, and median landscape maintenance.

4.3 Contractor shall provide a workforce, vehicles, and equipment sufficient to complete the work specified in the Agreement.
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Exhibit A - Scope of Work July 2024

4.4 The Contract Administrator shall inspect work performed by the Contractor and approve or reject the work and materials used. Failure on the part of the Contractor to correct poor workmanship or substandard performance will result in the initiation of a written notice of failure to perform or a cancellation of Agreement.

4.5 The City shall have absolute control over the landscape maintenance program direction and execution. The Contract Administrator will regulate the standards noted in the Agreement and the precise level of service desired by the City.

4.6 Contractor shall personally supervise work or have a competent Lead Worker/Supervisor on site at all times during the progress of the work, with authority to act and be responsible for adherence to specifications and be available for consultation with the Contract Administrator.

4.7 Contractor will submit a written report detailing completed work at each site to the Contract Administrator at the end of each week. Any specific areas that do not meet the conditions of the specifications in the Agreement shall be called to the attention of the Contractor. If not corrected, payments to the Contractor will not be made or will be prorated until the condition is corrected satisfactorily as outlined in the specifications. The Contractor will not receive payment when work is not performed.

4.8 Contractor shall provide proper traffic control at all times while working on public right of way as prescribed in the WATCH handbook (Work Area Traffic Control Handbook) latest edition and as approved by the City of Malibu Public Works Director.

4.9 Employees working on median strips or near streets, roads, or highways must wear O.S.H.A.-approved vests with Scotchlite reflective striping.

4.10 Contractor will report, without delay, damage to City property or equipment and shall be held responsible for the correction or replacement of said damage caused by their act hereunder.

4.11 Plant material destroyed by vandalism, private construction, or by the City shall be the responsibility of the City of Malibu.

5. Irrigation

5.1 The City will be responsible for the programming of automatic irrigation controllers.
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Exhibit A - Scope of Work July 2024

5.2 The City of Malibu shall repair all automatic or malfunctioning controller clocks and pay for all necessary irrigation materials, excluding tools.

5.3 The contractor shall repair any damaged sprinkler heads, nozzles, swing arms, fittings, risers, lateral lines, and quick couplers resulting from routine wear, defective parts, mower damage, etc., and shall routinely clean out sprinkler heads and lines to keep them in good operating condition at all times. All necessary labor, materials for repairs, excluding tools, shall be paid for by the City.

5.4 Repairs to the irrigation system mainline pipes, solenoids, valve wiring, and valves resulting from normal wear, vandalism, or damage by other means, except for contract maintenance negligence, shall be the responsibility of the City.

5.5 Irrigation water shall be carefully applied in quantities required by the different plant species, time of the year, and other basic environmental factors.

5.6 Sprinkler heads must be unobstructed from grass, soil, or other matter prohibiting the proper water spray. The Contractor shall make all adjustments to sprinklers, including height, arc, angle of sprinklers, and risers as necessary to compensate for the growth of plant material, thatch build-up, etc.

5.7 Where the installed sprinkler system does not adequately cover or water an area, the contractor shall provide sprinklers and hoses to water the area adequately.

5.8 Watering shall be controlled to avoid excessive drainage on sidewalks, streets and play areas and to avoid creating a hazard or wasting water.

Areas referred to as “slope” will require special attention due to severe grades and watering difficulties.

5.9 Any areas with manual watering systems must be watered as needed to keep plant material healthy. Automatic irrigation controllers will be kept locked at all times. The Contract Administrator and assigned City staff will have master keys to all controllers.
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Exhibit A - Scope of Work July 2024

5.10 If the irrigation system is inoperative for any reason, the contractor must water those areas with manual sprinklers and hoses.

5.11 The contractor shall perform field observations and provide status reports to the Contract Administrator. Specifically, the contractor shall notify the City in writing of the condition of the landscape area and irrigation system by station valve number and controller, as assigned.

5.12 Materials
a. All irrigation replacement parts and materials must be equal to or better than manufacturers’ original equipment unless City representative approves a substitute in writing.
b. Contractor shall maintain an adequate inventory of medium and high usage stock items for repair of the irrigation system.
c. Contractor shall implement repairs in accordance with the manufacturer’s warranties. Payments will not be made for repairs on equipment covered by the manufacturer’s warranty.
d. Calculation of cost of material for work shall be the wholesale cost of material including but not to exceed a 15% markup for overhead costs and profit.
e. All materials are to be new and identical to existing materials unless otherwise directed by the City representative.
f. The City reserves the right to purchase materials directly and make them available to the Contractor.

6. Hardscape and Buildings

6.1 All walkways, parking lots, and hardscaping, will be swept or blown clear of dust, dirt, and plant matter. Litter will be picked up daily or as required by the Contractor Administrator. Sweeping should coincide with mowing and edging activities. Broken or uneven walkways shall be the responsibility of the City, except in the case of walkways damaged by negligence or abuse by the Contractor. In the event of Contractor-related damage to walkways or other hardscape features, the Contract Administrator will decide whether the Contractor will complete the repair if the City will complete the repair 19 Agreement for Professional Services
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Exhibit A - Scope of Work July 2024
and reduce the Contractor’s payment accordingly. Gas-powered leaf blowers are prohibited in the City of Malibu.

6.2 Contractor will maintain all drainage courses and drains within the properties included in the Agreement. This will include removing dirt, debris, litter, and vegetation to allow unrestricted water flow. Missing or damaged grates shall be reported to the Contract Administrator immediately.

6.3 Contractor will inspect and maintain exterior facilities equipment, including trash cans in a neat, clean, and safe condition daily.

7. Aeration and Organic Fertilization

7.1 The Contractor will provide aeration as needed in preparation for organic fertilization and renovation.

8. Shrub, Tree, and Ground Cover

8.1 The Contractor shall be responsible for pruning all plant material, including shrubs and trees, from ground level. All trees are included in the required trimming operations. Large mature trees must be maintained a minimum of 14-feet above ground level by the landscape contractor. All dead and damaged branches and limbs shall be removed at the point of breaking at the time breakage occurs. All trimmings and debris shall be removed and disposed of offsite at the end of each workday. All pruning and trimming operations shall be completed under International Society of Arborist (ISA) standards.

8.2 Pruning shall be done according to the natural growth of each plant to maintain proper plant health by cutting out dead, diseased, or injured wood; to control growth when an unshapely shrub or tree occurs; and to increase the quality of flowers. Trees and shrubs will also be trimmed to prevent property damage or safety hazards such as sight restrictions, pedestrian obstruction, etc.

8.3 Ground covers are edged to prevent growth from interfering with other plant material and from growing over curbs, sidewalks, walls, fences, controller units, valve boxes, quick couplers, or other appurtenances or fixtures. 20 Agreement for Professional Services
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Exhibit A - Scope of Work July 2024

8.4 Trim, shape, and prune trees to maintain a safe, reasonable appearance.

Public safety shall be a prime consideration in trimming trees. Tree overhang shall have a ground clearance of at least seventy-two inches (72”) or as recommended by the City.

8.5 All shrubs and trees shall be trimmed as necessary to keep all City signs visible to traffic at all times. Shrubs shall not be allowed to grow higher than thirty inches (30”) without the approval of the Contract Administrator.

8.6 Cultivate ground surrounding shrubs, trees, and ground cover to maintain a healthy, vigorous appearance and growth rate.

8.7 Shrub and Ground Cover Replacement – The Contractor is expected to take all reasonable steps to mitigate climactic or other anticipated damage to shrub and ground cover. Shrubs and ground cover that are destroyed or die due to the Contractor’s negligence will be replaced at the Contractor’s expense. They will be replaced with the same material that existed unless the Contractor is notified otherwise by the Contract Administrator in writing.

Substitutions for any plant materials must have prior approval in writing.

Original plans and specifications should be consulted to determine the correct identification of species.

8.8 All weeds will be removed mechanically or by hand. Weeds will be removed from all shrubs, ground cover areas, turf, along trails, parking areas, walkways, arenas, and trails within seven (7) days of becoming visible.

Wood chips will be used in appropriate areas to prevent weeds. All work must be completed following the EFMP.

8.9 Clearance of plant material 10 feet from the edge of roads, parking areas, sidewalks, and picnic tables on an ongoing basis.

8.10 Trails will be kept clear, and brush cut back as needed to maintain city trail standards. Hazardous plants such as poison oak will be kept clear for 15 feet from trails and public walkways.

9. Brush Clearance

9.1 Contractor shall complete brush clearance annually on all properties as defined in the scope of work. The clearance must be completed by the first day of June each year and satisfy the brush clearance standards as required by the Los Angeles County Fire Department and the City. 21 Agreement for Professional Services
Enhanced Landscape Management LLC
Exhibit A - Scope of Work July 2024

10.Mowing and Edging

10.1 Mowing – All turf will be cut using a reel type mower and to the industry standards for the specific grass varieties. The direction and pattern used in mowing large turf areas will be varied regularly. The Contract Administrator will determine the length to which the grass is cut and may be changed at their discretion. All grass clippings, leaves, and trash will be removed the same day the area is mowed and disposed of following City ordinance. A mowing schedule will be established and maintained to the satisfaction of the City. The mowing schedule is intended to be completed weekly. To maintain a safe and attractive playing surface, sports fields may require more frequent mowing during certain times of the year. Season and weather changes may require regular schedule variations to achieve a healthy, wellmaintained turf. Storms and severe weather conditions may also interfere with the proposed schedule. Variations of the proposed schedule must be discussed and approved by the Contract Administrator in advance. If mowing is missed due to inclement weather, the Contract Administrator should be notified.

10.2 Edging – After each cutting, the edge of the grass shall be trimmed to a neat and uniform line. Where trees and shrubs occur in turf areas, all grass shall be removed at least 6” from the trunks of trees and away from the drip line of shrubs without damage to the shrub or tree. After each mowing, all sprinkler heads shall be trimmed around to provide maximum water coverage. An edging schedule is to be considered part of the mowing schedule and shall be concurrent with the mowing mentioned above in the schedule.

10.3 Weed Control – All weeds will be removed mechanically or by hand within seven (7) days of becoming visible. Weed removal and control will follow the EFMP.

10.4 Renovation and Dethatching – Removal of all excessive thatch as scheduled at least once a year at the discretion of the Contract Administrator to maintain acceptable turf appearance and health.

Equipment will consist of standard renovating or vertical mowing type dethatching machine.

10.5 Trim around trees, sprinkler heads, planters, mowing strips, walkways, and fences. Tree trunks are not to be struck by mowers, “string trimmer,” or other equipment.

10.6 Mowers shall be kept in proper adjustment. Mower blades must be kept sharp to obtain a clean, sharp cut and not damage the grass. Shredding or 22 Agreement for Professional Services
Enhanced Landscape Management LLC
Exhibit A - Scope of Work July 2024
rough cutting of grass will not be permitted.

10.7 Mowing and edging must be done Monday through Friday, between 8:00 a.m. and 3:00 p.m. at Trancas Canyon Park and 7:00 a.m. and 3:00 p.m. at all other City parks.

10.8 If holidays or weather conditions interfere with the regular mowing schedule, mowing and edging must be done the following day or as soon as conditions permit.

10.9 After mowing and edging, all trimmings and debris shall be swept, vacuumed, or blown off sidewalks and paved areas and disposed of.

Discarding trimmings and debris into the street will not be permitted.

11. Disease and Pest Control

11.1 Best organic horticultural practices and control methods shall be used following the EFMP.

11.2 All safety regulations shall be adhered to per the City of Malibu Ordinance, EFMP, policies, and regulations set forth by the State of California Department of Food and Agriculture.

12. Replacement of Plant Materials

12.1 The contractor shall replace all plant material that has died due to improper maintenance. This includes turf, ground cover, shrubs, and trees.

12.2 Any plant having had one-half or more of its foliage die back shall be considered dead; the Contract Administrator shall determine if a plant is dead, what plant replacement should be made, and shall notify the contractor of such.

13. General Maintenance and Inspection Control

13.1 The Contractor shall promptly remove and dispose of all trimmings, woodcuttings, trash, rubbish, and debris from the site during the regular work schedule. All areas shall remain free of trash and debris.

13.2 All lawns, ground cover areas, areas around shrubs and trees next to buildings, fences, benches, sidewalks, tot lots, curbs, and gutters shall be kept free from weeds, litter, rocks, glass, and debris.

13.3 All cracks in sidewalks, curbs, street gutters, and other areas shall be kept 23 Agreement for Professional Services
Enhanced Landscape Management LLC
Exhibit A - Scope of Work July 2024
weeded.

14.Daily Litter and Trash Cleanup
The following tasks shall be performed at six (6) parks and Cross Creek Road, seven (7) days a week.

14.1 Areas shall be monitored and cleaned of debris and litter by the Contractor daily. All hazards, potential hazards, and damaged areas must be reported immediately to the Contract Administrator.

14.2 Trash receptacles provided by the City and located at various sites shall be emptied daily. All trash, litter, and debris collected from facilities will be disposed of appropriately. Trash receptacles will be emptied as scheduled and replaced with clean liners. Industrial trash can liners will be provided by the Contractor. A three cubic yard dumpster will be provided by the City at Charmlee Wilderness Park, Malibu Bluffs Park, Ioki property (vacant property near Legacy Park), and the Malibu Equestrian Park to dispose of normal trash and debris that will be emptied weekly at the City's expense.

Large objects or excessive amounts of trash shall be removed by the Contractor and disposed of in compliance with City ordinance. The contractor will remove all green waste for proper disposal and recycling.

14.3 Sidewalks and paved areas shall be swept, blown, and cleaned of dirt or debris daily.

15. Runoff Mitigation Controls

15.1 Runoff containing sediment, vegetation, construction waste, and other pollutants from landscape sites, public right of ways, and parking areas shall be retained and controlled on-site to the maximum extent practicable.

15.2 Any sediment or other materials released from the site shall be removed and properly disposed of on the same day or as soon as practicable. When deemed necessary by the Contract Administrator, or the Public Works Director, or their designated representative, a temporary sediment barrier shall be installed.

15.3 Excavated on-site soil shall be controlled using best management practices to eliminate any material or sediment from running into the street or adjoining properties.

15.4 Washing or watering down Contractor trucks or other equipment is 24 Agreement for Professional Services
Enhanced Landscape Management LLC
Exhibit A - Scope of Work July 2024
prohibited.

16. Weekend Liner Service

16.1 The Contractor will remove trash and debris and refill dog waste bags at six (6) parks and Cross Creek Road on Saturday, Sunday, and holidays from 7:00 a.m. to 3:00 p.m.

16.2 The Contractor will open the park entry gates at Charmlee Wilderness Park and Malibu Equestrian Park at 8:00 a.m. and Trancas Canyon Park at 9:00 a.m. on Saturday, Sunday, and holidays.

16.3 The Contractor will open the restrooms at Chamlee Wilderness Park, Malibu Equestrian Park, and Las Flores Creek Park at 8:00 a.m. and Trancas Canyon Park at 9:00 a.m. on Saturday, Sunday, and holidays.

17. Additional Work

17.1 If the City of Malibu requires additional work beyond the demands of these specifications, the Contractor shall perform all work at the competitive predetermined price set in the Landscape Maintenance Services Fee Schedule Form (Attachment 4).

17.2 The contractor must be willing to provide a competitive price for additional areas that may be developed and demonstrate the ability to properly maintain the expanded scope of work.

17.3 The Contractor should be prepared to provide extra workforce, trucks, and equipment upon request by the City. The Contractor must be able to receive and respond to emergencies and emergency requests within ninety (90) minutes.

17.4 The City of Malibu shall have the right to inspect all books and records on the Contractor’s charges to the City of Malibu.

18. Contract Pricing and Adjustments

18.1 If an area is not maintained due to weather, oversight, or any other reason, the City will deduct the amount outlined in the Landscape Maintenance Services Fee Schedule (Attachment 4) for the section(s) for regular payment. For this reason, the contractor is encouraged to appropriately designate fees in the Landscape Maintenance Services Fee Schedule 25 Agreement for Professional Services
Enhanced Landscape Management LLC
Exhibit A - Scope of Work July 2024
Form.

18.2 The City reserves the right to reject any itemized bid in total if, in the opinion of the Community Services Director, the price bid on any one or more individual section(s) appears to be in error, unreasonably out of line with the amount of work to be performed or may not be required.

City Parks, Medians, and Parkways
The Contractor will provide landscape services at the following City locations.

Charmlee Wilderness Park – 2577 Encinal Canyon Road
A 532-acre wilderness park in the Santa Monica Mountains. The park includes picnic areas, eight miles of hiking trails, a nature center, and a 330 square foot restroom building.

Civic Center Way – Webb Way to Malibu Canyon Road
The area comprises planters, walkways, native vegetation, and landscaped areas with a subsurface irrigation system.

Cross Creek Road – Cross Creek Road from Pacific Coast Highway to Civic Center Way The area comprises planters, walkways, native vegetation, and landscaped areas with a subsurface irrigation system.

Las Flores Creek Park – 3805 Las Flores Canyon Road
Four-acre neighborhood park along Las Flores Creek with walking paths, restroom buildings, picnic areas, playground, and full irrigation system, with native vegetation (xeriscape).

Legacy Park – 23500 Civic Center Way
Fifteen-acre park consisting of native vegetation (xeriscape), full irrigation system, native gardens, and pedestrian walkways.

Malibu Bluffs Park – 24250 Pacific Coast Highway
A ten-acre community park that includes two baseball fields, a multi-use sports field (300 x 150 ft.), a skatepark, two playground areas, three picnic areas, a community building, restrooms (3 sets), one workout station, parking lots, sidewalks, six acres of turf area, native vegetation, landscaped areas, and full irrigation system.

Malibu City Hall – 23285 Stuart Ranch Road
Parking lots, sidewalks, native vegetation, and landscaped areas with a subsurface irrigation system.
26 Agreement for Professional Services
Enhanced Landscape Management LLC
Exhibit A - Scope of Work July 2024
Malibu Equestrian Park – 6225 Merritt Drive
Two riding arenas, picnic area, restroom building, riding trails, asphalt and decomposed granite parking lot, native vegetation (xeriscape), and no irrigation.

Parkways and Medians – John Tyler Drive and Pacific Coast Highway, Malibu Canyon Rd and Civic Center Way, Pacific Coast Highway at Webb Way.

Trancas Canyon Park – 6050 Trancas Canyon Road
Six and one-half acre neighborhood park with an access road, parking lot, playground, decomposed granite dog park, restroom building, picnic shelter, full irrigation system, native vegetation (xeriscape) and one and one quarter (1¼) acres of turf. 27 Charmlee Wilderness Park
Agreement for Professional Services
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Exhibit A - Scope of Work July 2024
28 Agreement for Professional Services
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29 Exhibit A - Scope of Work July 2024
Civic Center Way
(Webb Way to Malibu Canyon Road)
Agreement for Professional Services
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Exhibit A - Scope of Work July 2024
30 Cross Creek Road
Agreement for Professional Services Enhanced Landscape Management LLC Exhibit A - Scope of Work July 2024
31 Las Flores Creek Park
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Exhibit A - Scope of Work July 2024
32 Legacy Park
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Exhibit A - Scope of Work July 2024
33 Bluffs Park
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Exhibit A - Scope of Work July 2024
34 City Hall
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Exhibit A - Scope of Work July 2024
35 Malibu Equestrian Park
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Exhibit A - Scope of Work July 2024
36 PCH and Webb Way Median
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37 Exhibit A - Scope of Work July 2024
Median
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Exhibit A - Scope of Work July 2024
38 Trancas Canyon Park
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Exhibit A - Scope of Work July 2024
39 40
41 42
43 44
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EXHIBIT B

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

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

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

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

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

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

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

Duration of Coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the 45 Agreement for Professional Services
Enhanced Landscape Management LLC
performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.

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

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

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

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

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

Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
46 Agreement for Professional Services
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Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

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

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

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

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

City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Consultant, the City and Consultant may renegotiate the Consultant’s compensation.
47 Agreement for Professional Services
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Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

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

Additional Insurance. The consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
48

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Agenda Item # 3.B.9.

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: June 7, 2024 Meeting date: June 24, 2024 Subject: Direct Review of the City’s Conflict of Interest Code RECOMMENDED ACTION: Direct the City Manager to have staff review the City’s Conflict of Interest Code per Gov. Code 87306.5. and, if a change is necessary, file the Biennial Notice by October 1, 2024, and submit an amended Conflict of Interest Code to the Council for review before December 30, 2024.

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

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

DISCUSSION: Pursuant to the Political Reform Act, the City adopted a Conflict of Interest Code which consists of standard provisions contained in Section 18730 of Title 2 of the California Code of Regulations, as amended. The Code also designates City officials, officers, employees, and consultants who make or participate in making governmental decisions which may affect their financial interests, who must disclose those interests in certain financial disclosure statements.

The Political Reform Act requires the City Council, as the code reviewing body, to direct staff to review the Code by July 1 of each even-numbered year. Staff must then submit a biennial notice to Council by October 1 indicating whether amendments are needed. If so, the amended Code will be presented to Council for approval by resolution.

ATTACHMENTS: None.

City Council Meeting
06-24-24
Item

3.B.9.
1

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Agenda Item # 3.B.10.

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Kristin Riesgo, Community Services Director Approved by: Steve McClary, City Manager
Date prepared: June 6, 2024 Meeting date: June 24, 2024 Subject: Amendment to Agreement with Move Together LLC
RECOMMENDED ACTION: Approve Amendment No.1 with Move Together LLC to revise the insurance requirements as part of the 2024-28 Road Race Agreement.

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

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

DISCUSSION: On January 8, 2024, Council awarded Move Together LLC (Malibu Moves) one of the two allowable Road Races in accordance City Council Policy #47 - Road Race Policy (Policy). The Policy states the City may grant a maximum of two temporary use permits for marathons, triathlons, and cycling events per calendar year.

Following the execution of the Agreement, Malibu Moves requested the City to adjust the insurance requirements due to a requirement for higher limits as part of the Agreement (Attachment 2). These limits were raised for the race event following guidance from the City’s insurance provider, California Joint Powers Insurance Authority (JPIA).

Malibu Moves proposed new insurance limits to staff, and JPIA reviewed and approved the adjustments based on a risk assessment. Changes include, General Liability Insurance
Malibu Moves is providing a total of $7,000,000 in general liability and general aggregate insurance, with limits at $2,000,000 per occurrence and $5,000,000 general aggregate, which is $1,000,000 more than the original Agreement. The original agreement listed $2,000,000 per occurrence, $4,000,000 general aggregate.

City Council Meeting
06-24-24
Item

3.B.10.
1

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Agenda Item # 3.B.10.

Professional Liability (Errors & Omissions) Insurance
Malibu Moves requested to remove the insurance requirement. JPIA allowed the removal since this type of insurance typically pertains to protecting professionals (e.g. accountants, attorneys, real estate brokers) against liability incurred as a result of errors and omissions in performing their professional services. These professional services are not involved in the race event.

Umbrella or Excess Liability Insurance
Malibu Moves requested to remove the insurance requirement. Umbrella or excess insurance is added if a primary policy cannot be secured for the requested limit. Malibu Moves achieves higher limits through its primary policy.

Workers’ Compensation Insurance
Malibu Moves does not employ personnel, therefore they requested to remove the insurance requirement. The Athletic Participant Medical Expense Insurance will cover all race event volunteers. The City will require Malibu Moves to sign an Exemption from Workers’ Compensation Form recommended by JPIA.

Athletic Participant Medical Expense Insurance
Malibu Moves requested to reduce the limit to $25,000 per participant. The original agreement listed the limit at $100,000 per participant. If an injury occurs, excess in general liability could cover the expenses.

Sexual Abuse/Molestation Insurance (SAM Insurance)
Malibu Moves requested to reduce the limit to $500,000 per occurrence. JPIA understands that SAM Insurance can be challenging to secure and costly. Standard industry limits are $500,000 per occurrence.

Malibu Moves insurance proposal meets the requirements of JPIA and staff recommends Council to approve Amendment No. 1 approving the insurance adjustments.

ATTACHMENTS: 1) Move Together LLC Road Race Agreement Amendment No. 1 2) Move Together LLC Proposed Insurance Adjustments
2 AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered in the City of Malibu on June 24, 2024, by and between the CITY OF MALIBU, hereinafter referred to as City, and Move Together LLC, hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On February 12, 2024, the City entered into an Agreement with Consultant to produce and conduct a Kids’ Run, 5K, 10K, and Half Marathon Race Event within Malibu city limits and outlaying areas pursuant to the Road Race Policy #47 and the Move Together Road Race plan (the “Agreement”).

B. The City desires to amend the Agreement insurance requirements, and the 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 6.11 – Insurance and Exhibit C Insurance Language of the Agreement, is hereby amended as set forth in Exhibit A attached hereto.

3. 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 24, 2024.

CITY OF MALIBU:
____________________________________
STEVE MCCLARY, City Manager
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: CONSULTANT:
_____________________________________ ____________________________________ TREVOR RUSIN, Interim City Attorney By: ERICA SEGEL
Title: Owner and Race Director Move Together
LLC

Attachment 1
3 EXHIBIT A

INSURANCE LANGUAGE
Without limiting Move Together LLC’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Move Together LLC 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. Move Together LLC 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 $2,000,000 per occurrence, $5,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile Liability Insurance. Move Together LLC 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 Move Together LLC arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 2,000,000 combined single limit for each accident.

Workers’ Compensation Insurance. Move Together LLC shall sign the City’s Exemption from Workers’ Compensation Form.

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

Athletic Participant Medical Expense Insurance. Move Together LLC shall obtain and maintain athletic participant medical expense insurance with a $25,000 limit per participant. This coverage should extend to volunteers, event officials if applicable, and other attendees involved in the event who may not be participants.

Sexual Abuse/Molestation Insurance. Move Together LLC shall procure and maintain sexual abuse and molestation liability coverage in an amount not less than $500,000 per occurrence. This coverage may be part of commercial general liability coverage, professional liability coverage, or a separate policy.

Participant Race Waiver. Move Together LLC shall include waiving claims against the City of Malibu on all participant race waivers, forms, and documents.

OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Move Together LLC shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4 EXHIBIT A
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Duration of Coverage. Move Together LLC 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 Move Together LLC, their agents, representatives, employees, or sub Move Together LLCs.

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

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

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 Move Together LLC or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Move Together LLC hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its sub Move Together LLCs.

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

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type. If the Move Together LLC maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Move Together LLC. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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

If any of the Move Together LLC’s insurers are unwilling to provide such notice, then Move Together LLC shall have the responsibility of notifying the City immediately in the event of Move Together LLC’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

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

Pass Through Clause. Move Together LLC agrees to ensure that its sub Move Together LLCs, subcontractors, and any other party who is brought onto or involved in the project/service by Move Together LLC (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Move Together LLC under this Agreement. Move Together LLC agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

However, in the event Move Together LLC’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Move Together LLC may still be able to utilize the Subcontractor provided Move Together LLC shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Move Together LLC, but in all other terms consistent with the Move Together LLC’s requirements under this Agreement. This provision does not relieve the Move Together LLC 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 Move Together LLC 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 Move Together LLC under this Agreement given the limited scope of work or services provided by the 6 EXHIBIT A
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subcontractor. Move Together LLC agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.

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

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

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

Additional Insurance. The Move Together LLC 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.
7 Agency Name:

Document Reference:
(bid, contract, job number, location, etc.)
Work to be performed on premises: Yes No
Nature of work to be performed:

Business Name:

Contact information (name, telephone, email):

Address:

Legal Form
Sole Proprietor Limited Partnership General Partnership Corporation Business Trust Limited Liability Company
Other:

Acknowledgment:
_____(initial) I am the authorized representative of the Business mentioned above. I warrant that the Business has no employees other than the owners, officers, directors, partners, or other principals who have elected to be exempt from workers' compensation coverage under California law. I further warrant that I understand the requirements of Section 3700 et seq. of the California Labor Code concerning providing workers’ compensation coverage for any employees of the Business. _____(initial) I agree to comply with the code requirements and all other applicable laws and regulations regarding workers' compensation, payroll taxes, FICA, and tax withholding, and similar employment issues. Business agrees to hold the Agency harmless from any loss or liability, which may arise from the Business's failure to comply with any such laws or regulations. _____(initial) Should the Business or its subcontractors hire employees to perform the work referenced above, the Business or its subcontractor(s) shall obtain workers' compensation insurance and provide proof of the coverage to the Agency.
_____(initial) I understand that this form constitutes a declaration by the Business against its financial interest, relative to any claims it should assert against the Agency under the California workers' compensation or labor laws and serves as an addendum to the agreement. _____(initial) The Business will defend, indemnify, and hold harmless the Agency from all claims and liability, including workers' compensation claims and any liability that may be asserted or established by any party in the event the Business hires an employee in violation of this addendum.

Certification:

I certify under penalty of perjury under the laws of the State of California that the information provided on this exemption statement is true and accurate.

Signatures:

Business Designee Signature Agency Signature
Print Name & Date Print Name & Date
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5DFH(YHQWZLWKLQ0DOLEXFLW\OLPLWVDQGRXWOD\LQJDUHDVSXUVXDQWWRWKH5RDG5DFH3ROLF\ ;

EXHIBIT A
Move Together LLC
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8 EXHIBIT AC

General Liability Insurance. Move Together LLC 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 $2,000,000 per occurrence, $4,000,000 $5,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Professional Liability (Errors & Omissions) Insurance. Move Together LLC 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 Move Together LLC agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

Workers’ Compensation Insurance. Move Together LLC shall sign the City’s Exemption from Workers’ Compensation Form. maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).

Move Together LLC 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. Move Together LLC shall obtain and maintain an umbrella liability insurance policy with a $2,000,000 limit that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”; • Concurrency of effective dates with primary policies.

Should Move Together LLC obtain and maintain an excess liability policy, such policy shall be Attachment 2
9 EXHIBIT AC
Move Together LLC

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excess over commercial general liability, automobile liability, and employer’s liability policies.

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

Athletic Participant Medical Expense Insurance. Move Together LLC shall obtain and maintain athletic participant medical expense insurance with a $100,000 $25,000 limit per participant. This coverage should extend to volunteers, event officials if applicable, and other attendees involved in the event who may not be participants.

Sexual Abuse/Molestation Insurance. Move Together LLC shall procure and maintain sexual abuse and molestation liability coverage in an amount not less than $500,0001,000,000 per occurrence, $2,000,000 general aggregate. This coverage may be part of commercial general liability coverage, professional liability coverage, or a separate policy.

Participant Race Waiver. Move Together LLC shall include waiving claims against the City of Malibu on all participant race waivers, forms, and documents.

City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Move Together LLC or City will withhold amounts sufficient to pay premium from Move Together LLC payments. In the alternative, City may cancel this Agreement. 10 EXHIBIT AC
Move Together LLC

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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 Move Together LLC or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Move Together LLC hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its sub Move Together LLCs.

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Malibu City CouncilJune 24, 2024

Malibu City Council
June 24, 2024