Agenda packet, second session — Malibu City Council, September 23, 2024 (part 2 of 5)

relieved of liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages.

6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City, which the City may grant or deny in its sole and absolute discretion.

6.3 Non-Discrimination. The Consultant shall not discriminate as to race, creed, gender, color, national origin, sexual orientation, or any other protected category 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 C which is incorporated herein.

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

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

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

6.5.1. Duty to defend:

In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall defend the Indemnified Parties at Consultant’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by City is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and City, as to whether liability arises from the sole or active negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Consultant will not be entitled in the absence of such a determination to Docusign Envelope ID: 01F26596-BBC3-4F32-8B8E-D650C16AD2D6 5 Agreement for Professional Services
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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 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.

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

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

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

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

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

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

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

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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 for the provisions of Section 6.5 and except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.

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

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

CITY: Steve McClary CONSULTANT: Sri Chakravarthy, PE, TE City Manager Vice President
City of Malibu Kimley Horn and Associates,
Inc.
23825 Stuart Ranch Road 660 S. Figueroa St., Ste. 2050
Malibu, CA 90265-4861 Los Angeles, CA 90017
TEL (310) 456-2489 x 226 TEL (213) 261-4037
FAX (310) 456-2760

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

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

7.1 Disclosure Required. By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the Docusign Envelope ID: 01F26596-BBC3-4F32-8B8E-D650C16AD2D6 8 Agreement for Professional Services
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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 ______

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 ______
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This Agreement is executed on September 23, 2024, at Malibu, California, and effective as of September 23, 2024.

CONSULTANT:
_______________________________
By: Sri Chakravarthy, Sr. Vice President
CITY OF MALIBU:
___________________________________
DOUG STEWART, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
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EXHIBIT A

SCOPE OF WORK
The project features include, but are not limited to, building new raised medians, new traffic striping, concrete work, demolition, earthwork, removal of existing asphalt, new striping, signage, pavement markers, asphalt concrete, potential traffic loops modifications, and other minor components. A stormwater pollution prevention plan and traffic control plan will be prepared and implemented for the project.

The design of these improvements will include an evaluation of existing conditions, an analysis of various alternatives, development of project performance metrics, site-specific information for design, including: existing and proposed roadway measurements including shoulder, median and turn lane dimensions.

The scope also includes permitting, including obtaining a Local Coastal Development Permit, a Caltrans encroachment permit. Preparation for and conducting public meetings as needed.

The consultant shall provide the City with the following:

Task 1 – Project Development, Preliminary Engineering and Environmental Analysis – Project Initiation Document, Environmental Clearance and Coastal Development Permit as Final Work Product
a. Define a complete and detailed project description and delineate project study areas.
b. Conduct technical analysis as required for the project including archeological and other studies.
c. Prepare environmental documents consistent with CEQA Guidelines for review and approval by the City following completion of appropriate technical analysis and studies.
d. Prepare technical analysis or studies consistent with the City of Malibu’s Local Coastal Program as required for the Coastal Development Permit. e. Prepare the Coastal Development Permit Application for review by the City. f. Prepare the environmental documents and the Coastal Development Permit application for public circulation.
g. Prepare and conduct presentations to regulatory and permitting agencies as necessary.
h. Prepare responses to public review of draft environmental documents and the Coastal Development Permit application.
i. Prepare all other permit applications including, technical studies and notifications required for the project.

Task 2 – Preliminary Design - Design Memo and Renderings as Final Work Product a. Conduct field investigations to analyze the existing conditions and identify design issues. Record existing site conditions in drawings, photographs and/or video.

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b. Examine and review all Right-of-Way maps, Parcel Maps, As-Built drawings and all other existing documents as appropriate.
c. Research, review and understand City of Malibu Local Coastal Program and City of Malibu General Plan.
d. Provide a complete survey of the project area, establishing horizontal and vertical control for the project.
e. Identify and coordinate with all utilities in the project area to facilitate the final design of the Project.
f. Work with Caltrans to develop the project’s scope and preliminary design to ensure acceptance by Caltrans and compatibility with the Caltrans’ proposed median improvement project from Puerco Canyon Road to Corral Canyon Road. g. Prepare and submit a Project Initiation Document detailing the proposed project improvements and the supporting engineering analysis.
h. Work with Caltrans, County of Los Angeles, Los Angeles County Metropolitan Transportation Authority, Pepperdine University and any other applicable municipal or regulatory agencies to develop the project’s scope and preliminary design to ensure acceptance of proposed work within the Caltrans’ right of way. i. Prepare and submit a “Design Memo” detailing the proposed project improvements and the supporting engineering analysis.
j. Prepare and submit a Preliminary Engineer’s Construction Cost Estimate for all recommended improvements identified in the “Design Memo.” k. Prepare rendering of recommended improvements identified in the “Design Memo.” Task 3 – Plans, Specifications and Estimates as Final Work Product a. Design the roadway based on the City reviewed “Design Memo.” b. Prepare civil plans for the improvements, consistent with City format. c. Submittal of plan set shall be delivered at 50%, 90% complete and final. Submittals at 50%, 90% and final levels of plans and specifications shall be submitted in hard copy and electronic formats.
d. Assist the City, Prepare and Conduct a Public Meeting at 50%, 90% submittal by preparing exhibits and attending workshop(s) and be prepared to present the proposed project and discuss concerns of the residents, property owners and other stakeholders.
e. Work with Caltrans’ to ensure compatibility and connectivity with Caltrans’ existing median improvement within the vicinity.
f. Prepare technical construction specifications consistent with City and Caltrans’ format (SSPWC “Greenbook’s Format, most recent editions). g. Submittal of specifications shall be delivered to the City at 50%, 90% complete and final in hard copy and electronic formats.
h. Prepare an Engineer’s Construction Cost Estimate based on the itemized quantity take-off from the contract documents.
i. Submittal of the Engineer’s Construction Cost Estimate shall be delivered to the City at 50%, 90% complete and final in hard copy and electronic formats.

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j. Prepare a Stormwater Pollution Prevention Plan that satisfies the requirements of the City’s stormwater program, Caltrans requirements and all other applicable regulatory agencies.
k. Prepare a traffic control plan that satisfies the requirements of the City and Caltrans.

Task 4 – Caltrans Permitting - Caltrans approved permit as Final Work Project a. Determine the permitting documents and process required by Caltrans (Project Report, Project Study Report, Preliminary Engineering Evaluation Report, Encroachment Permit, etc.)
b. Prepare all Caltrans required permit documentation for the project in accordance with Caltrans requirements.
c. Prepare and Conduct coordination meetings with Caltrans to facilitate permitting. d. Prepare and obtain the Caltrans Encroachment Permit. e. Prepare and conduct a Public Meeting at 50%, 90% submittal by preparing exhibits and attending workshop and be prepared to present the proposed project and discuss concerns of the residents, property owners and other stakeholders.

Task 5 – Project Coordination - Preparation of Periodic Updated Schedule, Deliverables, Meetings and Invoices
a. Meet as needed with the City to accomplish Project tasks as outlined. Meetings expected between the Consultant and City shall include but are not limited to:

Project Kick-off Meeting, presentation of “Design Memo”, regular progress meetings and preparation for conducting Public Meetings at 50% and 90% design completion. b. Provide periodic schedule updates on deliverables and meetings as changes to the original schedule occur or as needed based on the needs of the project. c. Submittal of plan set shall be delivered at 50%, 90% complete and final. Submittals at 50%, 90% and final levels of plans and specifications shall be submitted in hard copy and electronic formats.

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EXHIBIT C

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

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

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

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

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the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.

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

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

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

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

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
8/16/2024
Edgewood Partners Insurance Agency
3780 Mansell Rd. Suite 370
Alpharetta GA 30022
Jerry Noyola 7702207699 [email protected] National Union Fire Ins Co of Pittsburg 19445 KIMLASS Allied World Assurance Co (U.S.) Inc. 19489 Kimley-Horn and Associates, Inc.
421 Fayetteville Street, Suite 600
Raleigh, NC 27601
New Hampshire Insurance Company 23841 Lloyd's of London 85202 1560435248 A X 2,000,000 X 1,000,000 X Contractual Liab 25,000 2,000,000 4,000,000 X X GL5268169 4/1/2024 4/1/2025
4,000,000
A
A
2,000,000 X
X X
CA4489663 (AOS)
CA2970071 (MA)
4/1/2024
4/1/2024
4/1/2025
4/1/2025
B X X 5,000,000 X
03127930 4/1/2024 4/1/2025
5,000,000 X
10,000
C
C
X
N
WC015893685 (AOS)
WC015893686 (CA)
4/1/2024
4/1/2024
4/1/2025
4/1/2025
2,000,000 2,000,000 2,000,000
D Professional Liability B0146LDUSA2404949 4/1/2024 4/1/2025 Per Claim Aggregate
$2,000,000
$2,000,000
Re: Pacific Coast Highway Median Improvements - Paradise Cove to Zuma; Srikanth Chakravarthy. The City, its officers, agents, employees, and volunteers are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. Waiver of Subrogation in favor of Additional Insured(s) where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder.

City of Malibu
Public Works Department
23825 Stuart Ranch Road
Malibu CA 90265
Docusign Envelope ID: 01F26596-BBC3-4F32-8B8E-D650C16AD2D6 19 04/01/2024
CA4489663
Docusign Envelope ID: 01F26596-BBC3-4F32-8B8E-D650C16AD2D6 20 04/01/2024
CA4489663
Docusign Envelope ID: 01F26596-BBC3-4F32-8B8E-D650C16AD2D6 21 POLICY NUMBER:

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations

COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 526-81-69

ANY PERSON OR ORGANIZATION WHOM YOU

BECOME OBLIGATED TO INCLUDE AS AN

ADDITIONAL INSURED AS A RESULT OF ANY

CONTRACT OR AGREEMENT YOU HAVE ENTERED
INTO.

PER THE CONTRACT OR AGREEMENT.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

CG 20 10 12 19 Insurance Services Office, Inc., 2018 Page of 12 GL5268169
Docusign Envelope ID: 01F26596-BBC3-4F32-8B8E-D650C16AD2D6 22 A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury"
or "property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at
the location of the covered operations has
been completed; or

2. That portion of "your work" out of which
the injury or damage arises has been put to
its intended use by any person or
organization other than another contractor or
subcontractor engaged in performing
operations for a principal as a part of the
same project.

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

Page of 22 Insurance Services Office, Inc., 2018 CG 20 10 12 19 Docusign Envelope ID: 01F26596-BBC3-4F32-8B8E-D650C16AD2D6 23 ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations

COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
POLICY NUMBER: 526-81-69

ANY PERSON OR ORGANIZATION WHOM YOU

BECOME OBLIGATED TO INCLUDE AS AN

ADDITIONAL INSURED AS A RESULT OF ANY

CONTRACT OR AGREEMENT YOU HAVE ENTERED
INTO.

PER THE CONTRACT OR AGREEMENT.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part,
by "your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

B. With respect to the insurance afforded to
these additional insureds, the following is
added to Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 37 12 19 Insurance Services Office, Inc., 2018 Page of 11 GL5268169
Docusign Envelope ID: 01F26596-BBC3-4F32-8B8E-D650C16AD2D6 24 POLICY NUMBER:

PRIMARY AND NONCONTRIBUTORY -

COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 01 12 19 Insurance Services Office, Inc., 2018 Page 1 of 1

OTHER INSURANCE CONDITION
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
GL5268169 526-81-69
Docusign Envelope ID: 01F26596-BBC3-4F32-8B8E-D650C16AD2D6 25 POLICY NUMBER:

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)

COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
This endorsement modifies insurance provided under the following:

SCHEDULE
Name Of Person(s) Or Organization(s):

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
526-81-69
PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery against the
person(s) or organization(s) shown in the Schedule
above because of payments we make under this
Coverage Part. Such waiver by us applies only to
the extent that the insured has waived its right of
recovery against such person(s) or organization(s)
prior to loss. This endorsement applies only to the
person(s) or organization(s) shown in the Schedule
above.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

CG 24 04 12 19 Insurance Services Office, Inc., 2018 Page 1 of 1 GL5268169
Docusign Envelope ID: 01F26596-BBC3-4F32-8B8E-D650C16AD2D6 26

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04/01/2023 04/01/2024 04/01/2022
Docusign Envelope ID: 01F26596-BBC3-4F32-8B8E-D650C16AD2D6 27

Page 1 of 3 ends

Agenda Item # 3.B.12.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Brandie Ayala, Sr. Management Analyst
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: September 4, 2024 Meeting date: September 23, 2024 Subject: Los Angeles County Measure R Transportation Funding Agreement Amendment
RECOMMENDED ACTION: 1) Authorize the Mayor to execute the Los Angeles County Measure R Funding Agreement Amendment No. 4 for the Pacific Coast Highway Signal Synchronization Project; and 2) Authorize the Public Works Director to approve change orders of an additional $1,330,000 for a total amount of $3,230,000.

FISCAL IMPACT: No additional appropriation is required. Funding for this project is included in the Adopted Budget for FY 2024-25 in Account No. 310-9066-5100 (PCH Signal Synchronization System Improvements Project).

STRATEGIC PRIORITY: This item supports the PCH Signal Synchronization Project priority identified in the Adopted FY 2023-24 Strategic Priority Project List. Staff continue to work on ongoing projects and normal business while the FY 2024-25 Strategic Priority Plan is finalized.

DISCUSSION: Los Angeles County Measure R was approved by voters in 2008. Measure R provides a half-cent sales tax increase for Los Angeles County to finance new transportation projects and programs. Measure R was projected to generate $40 billion for transportation projects throughout Los Angeles County over the next 30 years. The City’s allocation from Measure R is $26.3 million. The County of Los Angeles provided the City with an additional $12 million for a total allocation to the City of $38.3 million. There is no impact to the General Fund associated with the expenditure of Los Angeles County Measure R funding.

City Council Meeting
09-23-24
Item

3.B.12.
1

Page 2 of 3 ends

Agenda Item # 3.B.12.

PCH Signal Synchronization Project was included in the 2015 PCH Safety Study and ranked as Priority #1. This project includes the upgrade of the traffic signals from Topanga Canyon Road to John Tyler Drive. The project will synchronize all the traffic signals in the project limits including new closed-circuit cameras at each intersection and replace existing signal poles. Mid-block sensors will allow Caltrans to capture traffic data, including flow and speed, then remotely adjust signal timing in the moment. The project will enhance and improve traffic signals which will reduce overall traffic congestion, traffic flow and safety for all modes of travel. This project is under construction and is expected to be completed in Spring 2025.

A funding agreement for this project was first approved on October 28, 2016, for $3,700,000. Amendment No. 1 amended the funding on March 6, 2017, increasing the funding by $10,000,000 for a total project funding of $13,700,000. Amendment No. 2 was approved on July 1, 2021, increasing the funding by $900,000 for $14,600,000. On January 22, 2024, Amendment No. 3 was approved extending the funding for the project until June 30, 2024.

On January 17, 2024, Metro approved a funding reallocation between the PCH Median Improvements Project and the PCH Signal Synchronization Project. Funding for the PCH Median Improvements project decreased in the amount of $1,200,000 revising the funding in the amount of $5,750,000. The reduced funding is sufficient to complete the City’s PCH Median Improvements project. The additional $1,200,000 was requested to be transferred to the PCH Signal Synchronization Project revising the project funding to $15,800,000.

On July 25, 2024, Metro approved an additional funding reallocation between the PCH Median Improvements Project and the PCH Signal Synchronization project and extended the lapsing period from June 30, 2024, to June 30, 2026. Funding for the PCH Median Improvements project decreased in the amount of $1,800,000 revising the funding in the amount of $3,950,000. The reduced funding is sufficient to complete the City’s PCH Median Improvements project. The additional $1,800,000 was transferred to the PCH Signal Synchronization Project revising the project funding to $17,600,000. In addition to approving the reallocation of funds, the lapsing period from June 30, 2024, will be extended through June 30, 2026, for the PCH Signal Synchronization project.

Funding Amendment No. 4 includes adding $3,000,000 to the PCH Signal Synchronization Project. This amendment will increase the project funding to $17,600,000 and will cover the additional expenses to include the additional safety enhancements for this project.

On February 27, 2023, the City Council approved an agreement with GMZ Engineering, Inc. for the PCH Signal Synchronization System Improvements Project. GMZ Engineering started this project in October 2023 and is expected to be completed by the Spring of 2025.
2

Page 3 of 3 ends

Agenda Item # 3.B.12.

During construction, staff identified additional traffic safety enhancements that can be added to the PCH Signal Synchronization project. These improvements include:
• Modifications at John Tyler Drive Intersection, which includes the installation of a protected left turn signal.
• Modifications at La Costa pedestrian signal, which includes the upgrade of an existing hybrid flashing beacon to a full pedestrian signal. • Installation of additional infrastructure for the proposed Safety Adaption system • Speed Feedback signs and poles for the future Speed Enforcement Cameras At the February 27, 2023, City Council meeting, Council provided the Public Works Director with the authorization to approve construction change orders up to $1,900,000.

To fully implement the above-mentioned items and to have sufficient funds available for unforeseen construction issues, it is recommended to increase this authorization from $1,900,000 to $3,200,000.

ATTACHMENTS:

1. Funding Amendment Agreement with Los Angeles County for the PCH Signal Synchronization Project

3 FTIP #: LA0G1289
Subregion ID: LVMCOG
Project#: MR311.11
Amendment No. 4
FA# 920000000MR31111
Rev: 10.26.2022 1 Measure R Funding Agreement Amendment Highways – General
AMENDMENT No.4 TO MEASURE R FUNDING AGREEMENT

BETWEEN CITY OF MALIBU AND THE LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No. 4 to the Funding Agreement (this “Amendment”), is dated as of August 1, 2024 by and between the City of Malibu ("Grantee") and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").

RECITALS:

A. Grantee and LACMTA entered into that certain Funding Agreement No. 9200000000MR31111, dated October 28, 2016, (the "Existing FA"), which was amended on March 6, 2017, July 1, 2021, and September 30, 2023 (as amended, the “Existing FA”), which Existing FA provides for the Pacific Coast Highway Signal System Improvements from John Tyler Drive to Topanga Canyon Boulevard Project (the “Project”); and B. WHEREAS, the Grantee desires to increase the Project’s budget of Measure R by $1,200,000 from $14,600,000 to $15,800,000. This amount is within the Board authorized budget increase for the Project, the total new Project budget is $15,800,000 which was approved by the LACMTA Board on January 25, 2024; and
B. WHEREAS, the Grantee desires to increase the Project’s budget of Measure R by $1,800,000 from $15,800,000 to $17,600,000. This amount is within the Board authorized budget increase for the Project, the total new Project budget is $17,600,000 which was approved by the LACMTA Board on July 25, 2024; and
D. WHEREAS, the LACMTA Board on January 26, 2023, delegated administrative authority to staff to extend funding lapse dates to meet PAED, PS&E, and Construction time frames; and
E. WHEREAS, the Grantee and LACMTA desire to extend the lapsing date of FY2017- 18, FY2018-19 and FY 2021-22 funds to June 30, 2026; and F. WHEREAS, the Funds are currently programmed for the Project as follows $300,000 in Measure R Funds in FY 2015-16; $4,000,000 in FY 2016-17; $4,900,000 in FY 2017-18; $4,500,000 in FY 2018-19, $900,000 in FY 2021-22; $1,200,000 in FY 2023-24; and $1,800,000 in FY2024-25. The total designated amount for the Project is $17,600,000; and G. Grantee and LACMTA desire to amend the Existing FA as provided herein.

Attachment 1
4 FTIP #: LA0G1289
Subregion ID: LVMCOG
Project#: MR311.11
Amendment No. 4
FA# 920000000MR31111
Rev: 10.26.2022 2 Measure R Funding Agreement Amendment Highways – General
AGREEMENT:

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:

1. Part I, Paragraph 2.2 of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: “To the extent the Measure R funds are available, LACMTA shall make to GRANTEE a grant of the Measure R funds in the amount of $17,600,000 (the “Funds”) for the Project. LACMTA Board of Directors actions on December 3, 2015, December 1, 2016, June 25, 2020, January 25, 2024, and July 25, 2024 granted the Measure R Funds for the Project. The Funds are currently programmed in seven (7) Fiscal Years: $300,000 in FY 2015-16; $4,000,000 in FY 2016-17; $4,900,000 in FY 2017-18; $4,500,000 in FY 2018-19; $900,000 in FY 2021-22; $1,200,000 in FY 2023-24; and $1,800,000 in FY2024-25.”

2. Part II, Section 9.1 (vi) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: “(vi) Expending the Funds granted under this FA for allowable costs by the lapsing date. All funds programmed for FY 2015-16 and FY2016-17 have been expended and are no longer available. All Funds programmed for FY 2017-18, FY 2018-19, FY 2021-22, and FY2023-24 are subject to lapse by June 30, 2026. All funds programmed for FY2024-25 are subject to lapse by June 30, 2027.”

3. Attachment A-2 of the Existing FA is hereby replaced by Attachment A-3, attached.

4. Attachment B-1-2 of the Existing FA is hereby replaced by Attachment B-1-3, attached.

5. Attachment C-2 Scope of Work of the Existing FA is hereby replaced by Attachment C-3, attached.

6. The parties have agreed that the Monthly Progress Report is no longer required and therefore, Attachment D-1 and all references thereto are hereby deleted.

7. Attachment E-2– FTIP Sheet of the Existing FA is hereby replaced by Attachment E-3, attached.

8. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged. 5 FTIP #: LA0G1289
Subregion ID: LVMCOG
Project#: MR311.11
Amendment # 4
FA# 920000000MR31111
Rev.: 03.08.2023 3 Measure R Funding Agreement Amendment Highways – General
IN WITNESS WHEREOF, the parties have caused this Amendment No. 4 to the FA to be executed by their duly authorized representatives as of the dates indicated below:

LACMTA:

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

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

CITY OF MALIBU
By: _______________________________________ Date: ____________________ Doug Stewart
Mayor
APPROVED AS TO FORM:

By: _______________________________________ Date: ____________________ Trevor Rusin
Interim City Attorney
Edsisdi 8/27/24
6 FTIP #: LA0G1289
SOURCES OF FUNDS Prior Years FY2018-19 FY2021-22 FY2023-24 FY2024-25 FY2025-26 Total Budget
% of Budget

LACMTA PROGRAMMED FUNDING
MEASURE R FUNDS $ 9,200,000 $ 4,500,000 $ 900,000 $ 1,200,000 $ 1,800,000 $ - $ 17,600,000 PROP C 25% $ - 0%
SUBTOTAL $ - $ -

LACMTA PROGRAMMED FUNDS BY
YEAR SUBTOTAL $ 9,200,000 $ 4,500,000 $ 900,000 $ 1,200,000 $ 1,800,000 $ - $ 17,600,000 100% OTHER SOURCES OF FUNDING:

LOCAL: $ - 0%
STATE: $ - 0%
FEDERAL: $ - 0%
PRIVATE OR OTHER: $ - 0%
OTHER FUNDING SUBTOTAL $ - $ - $ - $ - $ - $ - $ - 0%
TOTAL PROJECT FUNDS $ 9,200,000 $ 4,500,000 $ 900,000 $ 1,200,000 $ 1,800,000 $ - $ 17,600,000 100% ATTACHMENT A-3 - PROJECT FUNDING
Measure R Program - Funding Agreement Projects - FA# 920000000MR31111 Project Title: Pacific Coast Highway Signal System Improvements from John Tyler Dr to Topanga Canyon Blvd Project#: MR311.11

PROGRAMMED BUDGET - SOURCES OF FUNDS
Rev. 05.03.19 FA Measure R Hwys Gen Attachment A-3 Project Funds 7 SOURCES OF FUNDS Prior Years
Expenditures
FY 2018-19
Qtr 1
FY 2018-19
Qtr 2
FY 2018-19
Qtr 3
FY 2018-19
Qtr 4
FY 2019-20
Qtr 1
FY 2019-20
Qtr 2
FY 2019-20
Qtr 3
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE R FUNDS:

PAED $750,000 $350,000 $350,000 $375,000 $475,000 $2,300,000 PS&E $350,000 $275,000 $275,000 $275,000 $300,000 $1,475,000 RW Support $0
Const. Support $500,000 $75,000 $100,000 $125,000 $125,000 $925,000 RW $0
Construction $7,600,000 $350,000 $350,000 $350,000 $350,000 $9,000,000 Total MEASURE R $9,200,000 $1,050,000 $1,075,000 $1,125,000 $1,250,000 $0 $0 $0 $13,700,000

PROJECT FUNDING
FY18-19 and FY19-20 $9,200,000 $1,050,000 $1,075,000 $1,125,000 $1,250,000 $0 $0 $0 $13,700,000

PROJECT FUNDING
FY20-21 and FY21-22 $0 $0 $0 $0 $0 $0 $0 $0 $0
SOURCES OF FUNDS FY 2021-22
Qtr 1
FY 2021-22
Qtr 2
FY 2021-22
Qtr 3
FY 2021-22
Qtr 4
FY 2023-24
Qtr 1
FY 2023-24
Qtr 2
FY 2023-24
Qtr 3
FY 2023-24
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE R FUNDS:

PAED $0
PS&E $0
RW Support $0
Const. Support $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $200,000 RW $0
Construction $175,000 $175,000 $225,000 $225,000 $275,000 $250,000 $250,000 $325,000 $1,900,000 Total MEASURE R $200,000 $200,000 $250,000 $250,000 $300,000 $275,000 $275,000 $350,000 $2,100,000

PROJECT FUNDING
FY22-23 and FY23-24 $200,000 $200,000 $250,000 $250,000 $300,000 $275,000 $275,000 $350,000 $2,100,000 SOURCES OF FUNDS FY 2024-25
Qtr 1
FY 2024-25
Qtr 2
FY 2024-25
Qtr 3
FY 2024-25
Qtr 4
FY 2025-26
Qtr 1
FY 2025-26
Qtr 2
FY 2025-26
Qtr 3
FY 2025-26
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE R FUNDS:

PAED $0
PS&E $0
RW Support $0
Const. Support $30,000 $30,000 $15,000 $15,000 $10,000 $10,000 $110,000 RW $0
Construction $465,000 $475,000 $475,000 $125,000 $75,000 $75,000 $1,690,000 Total MEASURE R $495,000 $505,000 $490,000 $140,000 $85,000 $85,000 $0 $0 $1,800,000

PROJECT FUNDING
FY24-25 and FY25-26 $495,000 $505,000 $490,000 $140,000 $85,000 $85,000 $0 $0 $1,800,000

SUMMARY OF ALL FUNDS
PAED $750,000 $350,000 $350,000 $375,000 $475,000 $0 $0 $0 $2,300,000 PS&E $350,000 $275,000 $275,000 $275,000 $300,000 $0 $0 $0 $1,475,000 RW Support $0 $0 $0 $0 $0 $0 $0 $0 $0
Const. Support $555,000 $130,000 $140,000 $165,000 $160,000 $35,000 $25,000 $25,000 $1,235,000 RW $0 $0 $0 $0 $0 $0 $0 $0 $0
Construction $8,240,000 $1,000,000 $1,050,000 $700,000 $700,000 $325,000 $250,000 $325,000 $12,590,000 TOTAL MILESTONES $9,895,000 $1,755,000 $1,815,000 $1,515,000 $1,635,000 $360,000 $275,000 $350,000 $17,600,000 SUM PROG LACMTA FUNDS $9,895,000 $1,755,000 $1,815,000 $1,515,000 $1,635,000 $360,000 $275,000 $350,000 $17,600,000 SUM NON-LACMTA FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0
TOTAL PROJECT FUNDING $9,895,000 $1,755,000 $1,815,000 $1,515,000 $1,635,000 $360,000 $275,000 $350,000 $17,600,000 ATTACHMENT B-1-3 - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure R Program - Funding Agreement Projects - FA# 920000000MR31111 Project Title: Pacific Coast Highway Signal System Improvements from John Tyler Dr to Topanga Canyon Boulevard Project#: MR311.11

PROGRAMMED SOURCES OF FUNDS
8 FTIP #: LA0G1289
Subregion ID: LVMCOG
Project#: MR311.11
Amendment No. 4
FA# 920000000MR31111
Rev: 11.1.14 1 FA Attachment C-3
Scope of Work
ATTACHMENT C-3

SCOPE OF WORK
PROJECT TITLE:

Pacific Coast Highway Signal System Improvements from John Tyler Drive to Topanga Canyon Boulevard
PROJECT LOCATION:

The project is located along Pacific Coast Highway/State Route 1 (PCH/SR 1) in the City of Malibu and the County of Los Angeles.

PROJECT LIMITS:

The project limits are along PCH/SR1 from the intersection of John Tyler Drive to the intersection of Topanga Canyon Boulevard. A distance of approximately 8 miles.

NEXUS TO HIGHWAY OPERATION, DEFINITION/PROJECT PURPOSE:

The purpose of this project is to upgrade and interconnect the highway intersections and traffic signals from the intersection of John Tyler Dr. to the intersection Topanga Canyon Blvd. to improve traffic flow and reduce incident delay along PCH/SR 1. This project would install intersection and signal upgrades such as communication links, fiber links, adaptive signal control systems, changeable message signs, closed circuit television cameras, and traffic loops to enable Caltrans to monitor traffic flow and adjust signal timing remotely, to allow for real-time adaptive signal timing and manage traffic flow.

PROJECT BACKGROUND:

Currently, the traffic signals in this approximately 8-mile highway corridor are not all interconnected with each other and cannot be viewed or controlled remotely from the Caltrans Traffic Management Center. The signal timing can only be adjusted manually in the field which is problematic given the significant fluctuations in traffic volumes along the Malibu PCH/SR 1 corridor caused by variations in visitor and commuter traffic. As a result, there is often vehicular congestion and conflict at the intersections and traffic signals which can cause travel delays and collisions. The City of Malibu recently conducted a comprehensive study of safety along PCH/SR 1. The PCH Safety Study, approved by the Malibu City Council on June 22, 2015, identified this project as the corridor’s number one priority highway safety improvement project. According to the study, the most common type of collisions on the highway are rear-end collisions approaching signalized intersections. The project improvements to the traffic signals and intersections would reduce conflict and the incidents of collisions.

PROJECT BUDGET:

COMPONENT AMOUNT
PA/ED $ 2,300,000
PS and E $ 1,475,000
Construction Support $ 1,235,000
Construction Capital $12,590,000
Total Budget $17,600,000

9 FTIP #: LA0G1289
Subregion ID: LVMCOG
Project#: MR311.11
Amendment No. 4
FA# 920000000MR31111
Rev: 11.1.14 2 FA Attachment C-3
Scope of Work
SCOPE:

The Project features include, but are not limited to, the following: installation of communication links between traffic signals and the Caltrans’ Traffic Management Center, fiber links, adaptive signal control systems, changeable message signs, closed circuit television cameras, the development of timing plans, the installation of traffic loops and sensors and the installation of other traffic management techniques to manage traffic flow. In addition, associated traffic signal improvement work may include replacing and relocating traffic signal poles and equipment, upgrades to existing overhead warning signs, installing new overhead warning signs, installing new traffic signal phasing, and installing pedestrian countdown heads. Additional associated work may include asphalt concrete overlay, traffic loops, upgrading overhead warning signs, utility work, concrete work, concrete curb and gutter, storm water conveyance, the installation of striping, signage and other traffic control devices, and other minor components. A storm water pollution prevention plan and traffic control plan will be prepared and implemented for the project.

The project also features safety-related enhancements including: adding a Red-Light Enforcement Camera system to the new traffic signals, adding a new traffic signal system which will detect traffic speeds and will automatically turn the traffic signal to red, new pedestrian signals, upgrading an existing flashing hybrid beacon to a pedestrian signal, adjusting the traffic signal timing to a “rest in red” mode, creating conceptual plans for a “boulevard” type reconfiguration of Pacific Coast Highway.

PA/ED

The City will contract with a consultant for environmental analysis and permitting services, design services and design services during construction for the project. City staff and Caltrans staff shall perform project management and oversight.

I. Environmental Analysis – Environmental Clearance, Coastal Development Permit and Caltrans Project Initiation Document as Final Work Product

City, Caltrans, and Consultant to perform the following tasks:

A. Define a complete and detailed project description and delineate project study areas B. Conduct technical analysis as required for the project including archeological and other studies
C. Prepare environmental documents consistent with CEQA Guidelines for review and approval by the City following completion of appropriate technical analysis and studies.

D. Prepare technical analysis or studies consistent with the City of Malibu’s Local Coastal Program as required for the Coastal Development Permit E. Prepare the Coastal Development Permit Application for review by the City F. Prepare the environmental documents and the Coastal Development Permit application for public circulation
G. Make presentations to regulatory and permitting agencies as necessary H. Prepare responses to public review of draft environmental documents and the Coastal Development Permit application.

I. Prepare Caltrans Project Initiation Document all associated work.

J. Prepare all other permit applications, technical studies and notifications required for the project.

DESIGN

10 FTIP #: LA0G1289
Subregion ID: LVMCOG
Project#: MR311.11
Amendment No. 4
FA# 920000000MR31111
Rev: 11.1.14 3 FA Attachment C-3
Scope of Work
The consultant will provide design services and City staff will perform project management and oversight.

I. Preliminary Design – “Design Memo and Renderings” as Final Work Product City and Consultant to perform the following tasks:

A. Conduct field investigations to analyze the existing conditions and identify design issues. Record existing site conditions in drawings, photographs and/or video.

B. Examine and review all Right-of-Way maps, Parcel Maps, As-Built drawings and all other existing documents as appropriate.

C. Research, review and understand City of Malibu Local Coastal Program and City of Malibu General Plan.

D. Provide a complete survey of the project area, establishing horizontal and vertical control for the project.

E. Identify and coordinate with all utilities in the project area to facilitate the final design of the Project.

F. Research innovative traffic management techniques to manage traffic flow along highway corridor.

G. Work with Caltrans to develop the project’s scope and preliminary design to ensure compatibility, connectivity and acceptance by the Caltrans’ Traffic Management Center.

H. Work with Caltrans, County of Los Angeles, Los Angeles Country Metropolitan Transportation Authority, City of Los Angeles, and any other applicable municipal or regulatory agencies to develop the project’s scope and preliminary design to ensure acceptance of proposed work within the Caltrans’ right of way in the vicinity of PCH and Topanga Canyon Boulevard outside the Malibu city limits.

I. Prepare and submit a “Design Memo” detailing the proposed project improvements and the supporting engineering analysis.

J. Prepare and submit a Preliminary Engineer’s Construction Cost Estimate for all recommended improvements identified in the “Design Memo.” K. Prepare rendering of recommended improvements identified in the “Design Memo.”
II. Final Design – Plans, Specifications and Estimates as Final Work Product

Consultant to perform the following tasks:

A. Design the roadway and sidewalk improvements based on the City reviewed “Design Memo.”
B. Prepare civil plans for the improvements, consistent with City format.

C. Submittal of plan set shall be delivered at 50%, 90% complete and final. Submittals at 50%, 90% and final levels of plans and specifications shall be submitted in hard copy and electronic formats.

D. Assist the City and conduct a Public Meeting at 50%, 90% submittal by preparing exhibits and attending workshop and be prepared to present the proposed project and discuss concerns of the residents, property owners and other stakeholders.

E. Work with Caltrans’ and Caltrans’ Traffic Control Center to ensure compatibility, connectivity and acceptance by the Caltrans’ Traffic Management Center.

F. Prepare technical construction specifications consistent with City format (SSPWC “Greenbook” and CSI Format, most recent editions).
11 FTIP #: LA0G1289
Subregion ID: LVMCOG
Project#: MR311.11
Amendment No. 4
FA# 920000000MR31111
Rev: 11.1.14 4 FA Attachment C-3
Scope of Work
G. Submittal of specifications shall be delivered to the City at 50%, 90% complete and final in hard copy and electronic formats.

H. Prepare an Engineer’s Construction Cost Estimate based on the itemized quantity take-off from the contract documents.

I. Submittal of the Engineer’s Construction Cost Estimate shall be delivered to the City at 50%, 90% complete and final in hard copy and electronic formats.

J. Prepare Storm water Pollution Prevention Plan that satisfies the requirements of the City’s storm water program, Caltrans requirements and all other applicable regulatory agencies.

K. Prepare a traffic control plan that satisfies the requirements of the City and Caltrans.

III. Caltrans Permitting – Caltrans’ Encroachment Permit as Final Work Product Consultant to perform the following tasks:

A. Determine the permitting documents and process required by Caltrans (Project Report, Project Study Report, Preliminary Engineering Evaluation Report, Encroachment Permit, etc.)
B. Prepare all Caltrans required permit documentation for the project in accordance with Caltrans
C. Conduct coordination meetings with Caltrans to facilitate permitting.

D. Submittal of plan set shall be delivered at 50%, 90% complete and final. Submittals at 50%, 90% and final levels of plans and specifications shall be submitted in hard copy and electronic formats.

E. Assist the City and conduct a Public Meeting at 50%, 90% submittal by preparing exhibits and attending workshop and be prepared to present the proposed project and discuss concerns of the residents, property owners and other stakeholders.

IV. Project Coordination - Preparation of Periodic Updated Schedule, Deliverables and Meetings

Consultant to perform the following tasks:

A. Meet as needed with the City to accomplish Project tasks as outlined. Meetings expected between the Consultant and City shall include but are not be limited to:

Project Kick-off Meeting, presentation of “Design Memo”, regular progress meetings and preparation for the Public Meetings at 90% design completion.

B. Provide periodic schedule updates on deliverables and meetings as changes to the original schedule occur or as needed based on the needs of the project.

V. Project Management
City to perform the following tasks:

A. Coordinate and oversee environment analysis, Caltrans coordination, permitting, Caltrans permitting, preliminary design, final design and public outreach.

12 FTIP #: LA0G1289
Subregion ID: LVMCOG
Project#: MR311.11
Amendment No. 4
FA# 920000000MR31111
Rev: 11.1.14 5 FA Attachment C-3
Scope of Work

CONSTRUCTION

The City will contract for construction management services for the project through the Request For Proposal process. City staff will provide construction management oversight. The City will award a low-bid contract for construction. The following tasks shall be performed:

I. Construction Management
Consultant to perform the following tasks:

A. The Construction Manager will provide contract administration and construction management as well as materials testing and inspection.

B. The Construction Manager shall meet with the City and Design Consultant to perform work as needed to accomplish Project tasks including but is not limited to: Pre-Bid Meeting, Pre-Construction Meeting, regular progress meetings and the review and preparation of Request for Information responses, Request for Change Order responses, progress payment requests, submittals, shop drawings, change orders and project closeout.

II. Design Services During Construction – Responses to RFIs, RFCs, Progress Payment Requests, Review of Submittals, Shop Drawings and Change Orders Consultant to perform the following tasks:

A. The Design Consultant shall meet with the City and the Construction Manager and perform work as needed to accomplish Project tasks including but is not limited to: Pre-Bid Meeting, Pre-Construction Meeting, regular progress meetings and the review and preparation of Request for Information responses, Request for Change Order responses, progress payment requests, submittals, shop drawings, change orders, and project closeout.

III. Construction Contract

Contractor will perform the following tasks:

A. Construct project in accordance with the plans and specifications.

IV. Project Management
City to perform the following tasks:

A. Coordinate and oversee construction, construction management, and design services during construction.

B. Host Ribbon Cutting Ceremony.

13 FTIP #: LA0G1289
Subregion ID: LVMCOG
Project#: MR311.11
Amendment No. 4
FA# 920000000MR31111
Rev: 11.1.14 6 FA Attachment C-3
Scope of Work
MILESTONES: The estimated implementation schedule for this project will be as follows

START DATE COMPLETION DATE

SOLICITATION (BID/PROPOSAL)
Develop Solicitation Package December 2016 December 2016 Solicitation Response January 2017
Evaluations February 2017
Selection March 2017
Board Approval March 2017
Contract Award March 2017
Fully Executed Contract March 2017

PLANNING
Prepare Concept Report April 2017 June 2017
Prepare Feasibility Study
Prepare Project Study Report Equivalent June 2017 January 2018

PRELIMINARY DESIGN
Prepare Detailed Construction Plans May 2019 October 2020 PA&ED
Prepare Environmental Document
Document Categorical Exemption
Filing May 2018 May 2020
Draft Environmental Document Sept 2018 April 2019
Final Environmental Document May 2019 September 2020
PS&E
50% PS&E July 2020 October 2020
90% PS&E October 2020 January 2022
Submit Final PS&E January 2021 January 2021
Utility Relocation
Third Party Coordination April 2021 April 2021
Design Utilities December 2020 April 2021
Relocate Utilities December 2021 December 2021
14 FTIP #: LA0G1289
Subregion ID: LVMCOG
Project#: MR311.11
Amendment No. 4
FA# 920000000MR31111
Rev: 11.1.14 7 FA Attachment C-3
Scope of Work
CONSTRUCTION MILESTONES: The estimated implementation schedule for this project will be as follows.

START DATE COMPLETION DATE
Solicitation (Bid/Proposal)
Develop Solicitation Package September 2022 October 2022 Solicitation Response
Evaluations
Selection October 2022 January 2023
Board Approval Process October 2022 February 2023
Contract Award October 2022 February 2023
Fully Executed Contract October 2022 March 2023
Excavation
Clear/Grub August 2023 January 2024
Survey August 2023 January 2024
Sample Borings
Grading September 2023 January 2024
Compaction September 2023 January 2024
Concrete
Form Work September 2023 December 2024
Rebar Placement
Pole Placement September 2023 December 2024
Traffic Control
TMP September 2023 December 2024
Structural
Pole Placement September 2023 December 2024
Materials
Long-Lead Equipment June 2023 December 2024
Staging
Material Lay Down Area June 2023 June 2025
Signage June 2023 June 2025
Electrical
Power U/G Communication January 2024 June 2025
A/G Testing/Acceptance August 2023 June 2025

General Construction/close out project June 2025 December 2025 Change Orders
P.O. Processing Time August 2023 December 2025
Project Completion June 2025 December 2025
15 FTIP #: LA0G1289
Subregion ID: LVMCOG
Project#: MR311.11
Amendment No. 4
FA# 920000000MR31111
Rev: 11.1.14 8 FA Attachment C-3
Scope of Work
ATTACHMENT C-1 -Location Map(s)

16 Los Angeles Metropolitan Transportation Authority
2025 Federal Transportation Improvement Program ($000)
TIP ID LA0G1289 Implementing Agency Malibu, City of
SCAG RTP Project #: 7120005
Conformity Category: NON-EXEMPT
Project Description: Pacific Coast Highway (PCH) Signal Systems Improvements from John Tyler Drive to Topanga Canyon Boulevard. The project limits are approximately 8 miles and include 12 signals along PCH. The project intends to interconnect the traffic signals to enable Caltrans to monitor and control the signals remotely and, if possible, for the traffic signals to adjust to real time traffic conditions. The project will also include additional intersection and traffic improvements.

Study:N/A Is Model: YES Model #:

PM: Robert Brager - (310) 456-2489
Email: [email protected]
LS: N LS GROUP#:

EA #: PPNO:

Program Code: ITS02 - SIGNAL SYNCHRONIZATION Stop Loc:

Air Basin: SCAB Envir Doc: CATEGORICALLY EXEMPT - 03/01/2018 Uza: Los Angeles-Long
Beach-Santa Ana
Sub-Area: Sub-Region: Las
Virgenes/Malibu COG
CTIPS ID:

Lane # Extd: 4 Lane # Prop: 4 Imprv Desc: Traffic Signal Synchronization Toll Rate: Hov acs eg loc:

0.00 Toll Colc Loc: Toll Method:

System :State Hwy Route :1 Postmile: 42 to 50 Distance: 8 Phase: Engineering/Plans, Specifications and Estimates (PS&E) Completion Date 06/30/2027 PHASE PRIOR 24/25 25/26 26/27 27/28 28/29 29/30 BEYOND PROG TOTAL MR20H - Measure R 20% Highway PE $3,083 $120 $3,203
CON
RW
SUBTOTAL $7,355 $10,245 $17,600
$4,272 $10,125 $14,397
$0 $0 $0
TOTAL $7,355 $10,245
TOTAL PE: $3,203 TOTAL RW: $0 TOTAL CON: $14,397
$17,600
TOTAL PROGRAMMED: $17,600
- General Comment: Staff has identified a series of safety related project enhancements. Including adding a Red-Light Enforcement Camera system to the new traffic signals, adding a new traffic signal system which will detect traffic speeds and will automatically turn the traffic signal to red, adding new pedestrian traffic signals, modifying an existing flashing hybrid beacon signal to a pedestrian signal, adjust the traffic signal timing to a ÃƒÂ¯Ã‚Â¿Ã‚Â½rest in redÃƒÂ¯Ã‚Â¿Ã‚Â½ mode, and during specific hours, the traffic signal will be red. - Modeling Comment: No significant change.
- TCM Comment:
- Amendment Comment:
- CMP Comment:
- Narrative:

Last Revised Amendment 25-02 - Submitted Change reason:MINOR CHANGE Total Project Cost $17,600

Page 1 ends

Attachment E-3
17

Page 1 of 2 ends

Agenda Item # 3.B.13
Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Brandie Ayala, Sr. Management Analyst
Reviewed by: Rob DuBoux, Public Works Director/City Engineer Approved by: Steve McClary, City Manager
Date prepared: August 4, 2024 Meeting date: September 23, 2024 Subject: Amendment to Professional Services Agreement with Kimley Horn and Associates, Inc
RECOMMENDED ACTION: Authorize the Mayor to execute Amendment No. 5 to the Professional Services Agreement with Kimley Horn and Associates, Inc. (Kimley-Horn) in the amount of $835,742.47 for a total not to exceed $4,076,642.47. This proposed amendment includes additional engineering design service to add a Safety Adaption system, additional speed feedback signs, and poles for speed enforcement cameras for the Pacific Coast Highway (PCH) Signal Synchronization Project FISCAL IMPACT: No additional appropriation is required. Funding for this amendment is included in the Adopted Budget for FY 2024-25 in Account Number 310-9066-5100 (PCH Signal System Synchronization Project). This project is fully funded through Los Angeles County Measure R funds with the Los Angeles County Metropolitan Transportation Authority. There is sufficient funding available for this additional work.

DISCUSSION: In May 2017, the City entered into an agreement with Kimley-Horn to provide traffic engineering design services for the PCH Signal Synchronization Project.

City Council Meeting
09-23-24
Item

3.B.13.
1

Page 2 of 2 ends

Agenda Item # 3.B.13
On June 10, 2019, City Council approved Amendment No. 1 to the agreement to modify the scope of work additional traffic engineering services for planning, design, and environmental analysis for a Traffic Operations Center at City Hall.

On March 8, 2021, City Council approved Amendment No. 2 to modify the scope of work to include the Nobu traffic signal modification, additional environmental technical studies and system integration services for the overall PCH signal system.

On May 9, 2022, City Council approved Amendment No. 3 to extend the term and modify the scope of work to include support during the bidding and construction phases.

On February 12, 2024, City Council approved Amendment No. 4 to extend the term of the agreement and to include additional design services to provide additional safety-related project enhancements to the PCH Signal Synchronization Improvement project. These items included:
• Providing a recommendation to install Red-Light Enforcement Camera system to the new traffic signals.
• Providing a recommendation to a new traffic signal system which will detect traffic speeds and will automatically turn the traffic signal to red. • Adding new pedestrian traffic signals.
• Modifying an existing flashing hybrid beacon signal to a pedestrian signal. • Adjust the traffic signal timing to a “rest in red” mode. During specific hours, the traffic signal will be red. The signal will turn green when the vehicle is detected at the intersection.
• Create conceptual plans for a “boulevard” type reconfiguration of PCH.

During the last few months, staff and Kimley Horn have met with Caltrans regarding the new traffic signal system which will detect traffic speeds and will automatically adjust the signal timing by adding more red lights. This new system, Safety Adaption, can be implemented on PCH and can have an impact on traffic safety. Caltrans has provided requirements for this design and new system. This amendment will provide the additional design work as well as the purchase of the software program required to implement this system on PCH.

The amendment will also include design assistance to prepare a detailed plan for the placement of new speed feedback signs for the upcoming speed enforcement cameras.

The plan will also include the location and design of the new poles for the speed cameras.

Staff recommends Council approve Amendment No. 5 to Agreement with Kimley-Horn.

ATTACHMENTS: Amendment No. 5 to Agreement with Kimley-Horn 2 AMENDMENT NO. 5 TO AGREEMENT
THIS AMENDMENT NO. 5 TO AGREEMENT is made and entered in the City of Malibu on September 23, 2024, by and between the CITY OF MALIBU, hereinafter referred to as City, and Kimley Horn and Associates, hereinafter referred to as Consultant.

The City and the Consultant agree as follows:

R E C I T A L S
A. On May 8, 2017, the City entered into an Agreement with Consultant for traffic engineering design services for the Pacific Coast Highway Signal System Improvements Project (the “Agreement”).

B. On June 10, 2019, the City amended the Agreement to modify the scope of work to include additional traffic engineering services for planning, design, and environmental analysis for a Traffic Operations Center at City Hall, extend the term of the Agreement and modify the compensation of services.

C. On March 8, 2021, the City amended the Agreement to modify the scope of work to include the Nobu traffic signal modification, additional environmental technical studies and system integration services for the overall PCH signal system.

D. On May 9, 2022, the City amended the Agreement to extend the term and modify the scope of work to include support during the bidding and construction phases.

E. On February 12, 2024, the City amended the Agreement extending the term and to modify the scope of work to include rest in red traffic signal operation, red light camera enforcement, speed management using traffic signals, conversion of flashing beacons to traffic signals, and conceptual plans for corridor reconfiguration.

F. The City desires to amend the Agreement to develop and implement safety adaptive operations for PCH between John Tyler Drive and Big Rock Drive including design assistance to prepare a detailed plan for the placement of new speed feedback signs for the upcoming speed enforcement cameras.

The plan will also include the location and design of the new poles for the speed cameras., design speed camera and feedback sign plans and Consultant has submitted a proposal for this purpose that is acceptable to the City.

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

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

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

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

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

Docusign Envelope ID: CBC2DBE3-0556-4F40-B8F0-A88EAB2166A8 Attachment 1
3 Amendment No. 5 to Agreement
Kimley Horn and Associates

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_____________________
255-2
This Agreement is executed on ______________________, at Malibu, California, and effective as of September 23, 2024.

CITY OF MALIBU:
____________________________________
STEVE UHRING, Mayor
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
_____________________________________
TREVOR RUSIN, Interim City Attorney
CONSULTANT:
____________________________________
By: Sri Chakravarthy, PE, TE
Title: Senior Vice President
Docusign Envelope ID: CBC2DBE3-0556-4F40-B8F0-A88EAB2166A8 4

Page 1 ends

Rev 01/18
1 September 4, 2024
Rob Duboux, P.E.

Public Works Director / City Engineer
City of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265
Copy: Nadia Fahoum, Assistant Civil Engineer
RE: Amendment for Development and Implementation of Safety Adaptive Signal Timing for Pacific Coast Highway (PCH) Signal Synchronization Project, Malibu, CA Dear Rob:

Kimley-Horn and Associates, Inc. (“Kimley-Horn”) submits this amendment to the City of Malibu (“Client”) to develop and implement Safety Adaptive operations for the Pacific Coast Highway (PCH) Signal Synchronization Project. This amendment is based upon the background information, project requirements, and our recent discussions with you and Caltrans. Our understanding of the project, scope of services, fee, and schedule are provided in the sections following.

Project Understanding
We understand that various improvements along Pacific Coast Highway within the City limits are being considered to improve safety and reduce vehicle speeds and speeding. The project corridor consists of the segment of PCH between John Tyler Drive and Big Rock Drive and includes 13 existing traffic signals and one proposed traffic signal.

EXHIBIT A - Scope of Services
Kimley-Horn will provide the following scope of services as outlined below:

TASK 1: PROJECT MANAGEMENT AND MEETINGS
This task includes project management related tasks such as meetings, preparation of project schedule, preparation of invoices/progress reports, budget oversight, and general project coordination.

An initial Kick-off meeting will be arranged with City and Caltrans staff to discuss some of the elements associated with the project and to review project schedule, deliverables, and develop consensus on the overall project approach. The Kimley-Horn team will attend the Kick-off meeting. Kimley-Horn will also collect any available data for the project including:
· Hard copies or electronic copies of the existing timing sheets · Traffic signal as-builts, including existing detector mapping and configuration · Historic traffic volume data (as available)
In addition to the Kick-off meeting, Kimley-Horn will arrange and attend periodic progress meetings to discuss the project progress, schedule, and any other pertinent items. Based on the proposed project Docusign Envelope ID: CBC2DBE3-0556-4F40-B8F0-A88EAB2166A8 5

Page 2 ends

Rev 01/18
2 schedule, up to twelve (12) progress meetings are included in the scope of work and fee. It is assumed that most of the progress meetings will be completed by conference call.

Task 1 Deliverables:
· Project schedule
· Attendance at Kick-off meeting
· Attendance at progress meetings (conference calls)
TASK 2: DETECTION EVALUATION
Kimley-Horn will work with City and Caltrans staff to review the existing vehicle detection systems at all project signals and the detection that is proposed as part of the PCH Signal Sync Project. Based on field and operational status review, Kimley-Horn will provide recommendations for additional detection or changes to improve Safety Adaptive operations that will be developed using Kimley-Horn’s Kadence adaptive program. Kimley-Horn will provide a technical memorandum identifying the detection configuration and necessary updates to existing setup that meets all goals of the City for equipment uniformity and all City and State standards.

The detection evaluation memorandum will provide recommendations that cover the following:
· Intersection lane-by-lane stop bar detection - size and location · Intersection lane-by-lane advanced, exit, or after crosswalk detection - size and location · Corridor speed sensors – location
Task 2 Deliverables:
· Detector Evaluation Memorandum
TASK 3: DESIGN PLANS MODIFICATION
Kimley-Horn will prepare engineering plans for the safety adaptive detection upgrades at the 13 existing traffic signals. The plans will be prepared using recent PCH Signal Synchronization bid plans and field review as the basis of design. The engineering plans will be prepared using AutoCAD in English units using Caltrans symbology. The following types of plans will be prepared:
· Title sheet (if required) – assume 1 sheet
· General construction notes and Layout Details – assume 2 sheets · Traffic signal plans (Scale: 1” = 20’) – assume up to 13 sheets; one per location Kimley-Horn will submit the plans for review at 95% and 100% levels. We will address one set of consolidated comments for each submittal.

Task 3 Deliverables:
· Design Plans at 95% and 100% levels
Docusign Envelope ID: CBC2DBE3-0556-4F40-B8F0-A88EAB2166A8 6

Page 3 ends

Rev 01/18
3 TASK 4: SPEED CAMERA AND FEEDBACK SIGN PLANS
This task includes field review of the previously identified locations for speed cameras, preparation of design sheets, and submittal of plans for City and Caltrans review.

As part of this task, we will obtain available intersection drawings from the City and research available relevant as-builts from Caltrans. We will perform field work to verify observable existing conditions and to assist with design. Measurements at the subject intersection will be made to document the location of features such as signing and striping, existing traffic signal equipment, curb/gutter, sidewalk, and the presence of above-and visible below-ground utilities.

Kimley-Horn will send utility notification letters for proposed work to determine the existing utilities in the vicinity of the project and to show existing on facilities on our plans. The list of utility companies will be obtained from Caltrans. Existing utilities will be avoided to the extent possible for these improvements.

We will create engineering plans using as-built plans and the field review as the basis of design. The engineering plans will be prepared using AutoCAD in English units using Caltrans symbology. The following types of plans will be prepared:
· Title sheet and General notes – Assume 1 sheet
· Speed Camera and Speed Feedback Sign Plans (Scale: 1” = 20’) – Assume up to five (5) sheets, one per location. Proposed improvements within the limits of PCH Signal Synchronization project will be done by showing mark-ups on recently approved Caltrans plans.
· Construction Details – Assume up to 1 sheet
Kimley-Horn will submit the plans for review at 95%, and 100%. We will address one set of consolidated comments for each submittal.

Task 4 Deliverables:
· Design Plans at 95% and 100% levels
TASK 5: SIGNAL TIMING UPDATES
Kadence works off the background (base) signal coordination patterns and time-of-day (TOD) schedule and adjusts the timing from the base plans. In the Kadence approach, second-by-second phase timing and detector data is polled from the controller. In addition, for Safety Adaptive operation, speed data will be pulled and analyzed for adjustments to the timing based upon current corridor speeds. New signal timing parameters are calculated and are downloaded to field controllers every 3-4 cycles. The field controller then begins operating in an actuated-coordinated condition with these new settings.

Since the Kadence system operates using base signal coordination plans, Kimley-Horn will review existing base signal coordination plans and provide recommended timing updates to the existing signal Docusign Envelope ID: CBC2DBE3-0556-4F40-B8F0-A88EAB2166A8 7

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4 coordination plans. New signal coordination plans will be developed to be used as background base timing plans. Signal coordination plans will be developed for the weekday AM, Midday, and PM, and the weekend peak periods, or as appropriate and warranted based upon traffic patterns and traffic volumes on the corridor. Separate timing plans will be developed for the school year and summer conditions. The following summarizes the tasks and deliverables for the signal timing updates:
· Data Collection: Kimley-Horn will collect new turning movement counts (TMC) at the 13 study intersections in the weekday AM, Midday, and PM and weekend peak periods. 24-hour ADT volumes will be collected at up to 10 locations along the corridor. Counts will be collected during the summer and non-summer conditions.
· Field Review: Kimley-Hron will conduct a field review to document the lane configuration, existing signal timing, and existing traffic operations at the 13 study intersections. · Existing Conditions: Based upon the data collected, Kimley-Horn will prepare an existing conditions Synchro model for the weekday AM, Midday, and PM, and weekend peak periods for school year and summer conditions. Once the traffic data has been entered into the traffic model, the model will be calibrated to match the existing conditions. Calibration consists of verifying the input data and adjusting the model parameters so that the Synchro simulation output reasonably matches the observed conditions in the network. Kimley-Horn will prepare a brief Existing Conditions memorandum summarizing the existing traffic volumes, information collected in the field review, recommended changes to the actuated settings (if any required), and data from the existing conditions models.
· Recommended Timing: Kimley-Horn will prepare recommended signal coordination plan updates for each of the peak periods. The analysis will include a cycle length analysis, lead/lag phasing review, offset analysis, split analysis, and development of recommended time-ofoperation of each plan. The recommended timing will be summarized in a brief Draft Recommended Timing Memorandum and submitted to the City and Caltrans for review. Based on comments received from the agencies on the draft timing, Kimley-Horn will revise the proposed timing plans for implementation.
· Implementation and Fine-Tuning: Once the final timing plans have been completed, KimleyHorn will prepare appropriate timing sheets for implementation. Kimley-Horn staff will be available to assist Caltrans with entering the data into the central system for download into the controllers. Once the timing plans have been implemented, Kimley-Horn will conduct finetuning of the timing.

Task 5 Deliverables:
· Existing Conditions models and Memorandum
· Recommended Timing models and Memorandum
· Draft and Final Timing Sheets (after fine-tuning)
Docusign Envelope ID: CBC2DBE3-0556-4F40-B8F0-A88EAB2166A8 8

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5 TASK 6: SAFETY ADAPTIVE SOFTWARE CUSTOMIZATIONS
Kimley-Horn will customize the Kadence Adaptive Traffic Control System (ATCS) software to enhance the core adaptive algorithm with a user configurable safety mode that alters the signal(s) coordination timing to mitigate excessive speeding by motorists driving the corridor. The software customizations will include the following:
· Integrate vehicle speed data from City and Caltrans selected speed sensors into the Kadence adaptive algorithm
· Add a speed sensor configuration screen to Kadence that allows users to map corridor speed sensors to traffic signals for the purpose of safety-related timing adjustments · Add the following settings to existing Kadence configuration screens:
o Upper and lower speed thresholds for safety adaptive triggers o “Step size” setting that determines how far Kadence is allowed to adjust a timing parameter within a single change to improve safety
o “Safety” slider that allows users to configure Kadence to favor congestion mitigation or speed mitigation as the overarching adjustment strategy · Add indicators to existing Kadence Signal Performance Measure displays that highlight safetydriven timing changes as distinct from typical adaptive changes Prior to commencement of software development on the above features, Kimley-Horn will submit a draft design document to the City and Caltrans with user interface mock-ups and a detailed explanation of how each new feature will operate. After receiving comments on the design from the City and Caltrans, Kimley-Horn will commence with software development.

After software development on the new features has been completed, Kimley-Horn will create a new Kadence version branch for the City and Caltrans and commence with updating Kadence to this new version containing all safety adaptive features outlined above.

Task 6 Deliverables:
· Draft design document covering safety adaptive features · Update of Kadence to new version containing safety adaptive features TASK 7: FURNISH AND INSTALL KADENCE SOFTWARE
Kimley-Horn will utilize Caltrans provided Windows servers (physical or virtual) to run the Kadence software and will coordinate with Caltrans IT to ensure appropriate servers are provisioned. No other hardware is required for Kadence since it operates entirely from Central. Kadence is also fully compatible with existing Caltrans cabinets and controllers.

Kimley-Horn will furnish, configure, and integrate Kadence software on the Caltrans provided server (Kadence services and user interface) and any additional workstations or laptops. Kadence is not resource-heavy; most modern laptops and desktop computers are fully capable of running the Kadence GUI without performance issues. Kadence requires Windows 10/11 and Microsoft Office (primarily Excel for exporting). It will be the responsibility of the Caltrans to upgrade any older computers to Docusign Envelope ID: CBC2DBE3-0556-4F40-B8F0-A88EAB2166A8 9

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6 Windows 10/11 and install Excel. The license for Kadence and each signal is perpetual and nonexpiring.

Kimley-Horn will provide all licenses for the software required for Kadence. All licenses will be perpetual and non-expiring.

Task 7 Deliverables:
· Furnish and Install Kadence Software and License
TASK 8: CONFIGURE AND TUNE KADENCE
The Kimley-Horn team will configure the Kadence safety adaptive system including uploading all timings, set-up of intersections, maps, real-time displays, and other system parameters, such as alarms. In addition, after detection and speed sensors have been set up properly, the Kimley-Horn team will configure the Kadence parameters for all project locations. Configuration and tuning of Kadence will consist of the following steps:

1. Upload configuration data from each field controller o Time of Day (TOD) schedule
o Detector to phase assignments
o Coordination patterns (cycle, splits, offset, sequence, etc.) o Phase timings (min. green, yellow, red, walk, etc.)

2. Determine which detectors are used for which type of standard adaptive algorithms and where they are located (stop bar, advance) on which links

3. Determine which speed sensors should drive speed-mitigation-based timing adjustments at each intersection

4. Determine which algorithms to use on each location and setup their configuration parameters

5. Put the system in “monitoring” mode to verify configuration is correct

6. Enable system in safety adaptive mode

7. Tune as desired based on field operation feedback
Initial configuration and setup will likely be completed in two weeks for this number of signals. Tuning based on operational feedback may take several more weeks as the algorithm parameters and settings are modified based on user experiences.

Task 8 Deliverables:
· Assist with detection set-up at all project intersections · Configuration of users, sections, alarms, and security · Configuration and tuning of Kadence field parameters
TASK 9: TRAINING AND DOCUMENTATION
Kimley-Horn will provide up to ten (10) hours of virtual training to an unlimited number of Caltrans and City staff. Up to three (3) sessions will be held throughout the duration of the project. The first training session will be focused on basic functionality followed by two additional trainings, each covering Docusign Envelope ID: CBC2DBE3-0556-4F40-B8F0-A88EAB2166A8 10

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7 increasingly advanced operations. A training outline will be provided before each of the training sessions.

Kimley-Horn will provide Caltrans and the City with the Kadence user manual, online help, the Kadence white paper, and detection evaluation memorandum. All documents are provided in PDF with full text search. Caltrans and the City will have unlimited rights to reproduce, copy, and distribute.

Task 9 Deliverables:
· Training materials
· Up to 10 hours of virtual training
· Kadence user manual
· Kadence white paper
· Detector configuration memorandum
TASK 10: 2-YEAR OF MAINTENANCE AND SUPPORT
Kimley-Horn will provide support and maintenance services for two (2) years after configuration and fine tuning of Kadence safety adaptive have been completed. During the initial period and all subsequent maintenance years, Kimley-Horn will provide all Kadence upgrades to Caltrans and the City including maintenance patches for known defects, new functional features and enhancements.

Each version update will include Version notes to identify changes and revisions to the updated version.

Each new version will be accompanied by an updated version of the online user help file and Kadence configuration guide.

Kimley-Horn typically provides an “unlimited” number of support hours during maintenance and support via phone, email, and on-site visits, as appropriate. Throughout the maintenance and support period, Kimley-Horn will provide an unlimited number of additional training opportunities for Caltrans and City staff. This can take the form of ad hoc, one-on-one sessions for new users or pre-arranged training sessions for multiple staff. Kimley-Horn will resolve all defects according to the procedures identified by Caltrans and the City.

As part of the project, Kimley-Horn will include most travel expenses (hotel, airfare, most meals, local transportation for TMC visits, etc.) for one City of Malibu staff to attend the annual KITS/Kadence user group meeting during the project deployment and for each year thereafter while the City is under a paid maintenance agreement.

After this initial 2-year maintenance term, additional years of maintenance and support can be provided on a renewable annual basis.

Task 10 Deliverables:
· 2-year maintenance and support, including system updates Docusign Envelope ID: CBC2DBE3-0556-4F40-B8F0-A88EAB2166A8 11

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8 Project Schedule
Kimley-Horn will provide our services as expediently as practical to meet a mutually agreed upon schedule.

Assumptions
We assume the following for the project:
· Plans will conform to the latest version of the Caltrans standard plans and specifications and the California MUTCD.
· PEER, DSDD, or Encroachment Permit Application is not included · No utility adjustments or relocations are required.
· Plan preparation assumes addressing up to two (2) rounds of comments from Caltrans, following the 95% submittal.

EXHIBIT B - Fee and Billing
Kimley-Horn will perform the services described in tasks 1 through 10 in the Scope of Services for a lump sum labor fee of $986,950. Shown below is a breakdown of our proposed lump sum fee billings by task. Individual task amounts are informational only.

TASK NO. TASK DESCRIPTION FEE
1 Project Management and Meetings $67,750
2 Detection Evaluation $49,750
3 PS&E Component $72,000
4 Speed Camera and Feedback Sign Plans $50,000
5 Signal Timing Updates $217,000
6 Kadence Safety Adaptive Software Customizations $239,000 7 Furnish and Install Kadence Software $95,500
8 Configure and Tune Kadence $84,450
9 Training and Documentation $34,500
10 2-Year of Maintenance and Support $77,000
TOTAL COST $986,950
In review of the overall contract scope of work, it was determined that there is unused budget available because of either efficiency in completing the previous scope or due to some portion of the previous scope not needing to be completed. This portion of the available budget from other tasks was adjusted to this amendment and a summary is provided below:

Docusign Envelope ID: CBC2DBE3-0556-4F40-B8F0-A88EAB2166A8 12

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9 Task Description Unused
Budget
Budget to be reallocated to
Amendment 5
Budget to
Remain in Task
Systems Integration Support $ 92,470.16 $ (17,470.16) $ 75,000.00 Design Services During Construction $ 27,480.23 $ (27,480.23) $ - PCH Safety Improvements $ 139,190.78 $ (85,731.00) $ 53,459.78 Expenses $ 20,526.14 $ (20,526.14) $ -
Total budget re-allocation proposed $ (151,207.53)
Amendment 5 - Safety Adaptive $ 986,950.00
Revised Amendment 5 - Safety
Adaptive after budget re-allocation
from previous tasks and amendments $ 835,742.47
Kimley-Horn will perform the services described in tasks 1 through 10 in the Scope of Services for this Amendment 5 for a lump sum labor fee of $835,742.47. All previous tasks in the contract and the tasks in amendment 5 will now be invoiced based upon the overall percentage of services performed.

Closure
We appreciate the opportunity to provide these services to you. Please contact me if you have any questions.

Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.

Sri Chakravarthy, P.E., T.E.

Senior Vice President
Docusign Envelope ID: CBC2DBE3-0556-4F40-B8F0-A88EAB2166A8 13

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Agenda Item # 3.B.14.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Tyler Eaton, Senior Planner
Patricia Salazar, Development and Operations Manager
Reviewed by: Maureen Tamuri, Interim Planning Director
Approved by: Steve McClary, City Manager
Date prepared: September 11, 2024 Meeting date: September 23, 2024 Subject: Planning Clearances Issued for Formula Retail Businesses within Cross Creek Ranch Shopping Center (Location: 23465 Civic Center Way) pursuant to Settlement Agreement between City of Malibu and Cross Creek Ranch Malibu, LLC
RECOMMENDED ACTION: Receive and file the Planning Director’s report on planning clearances issued for formula retail businesses Bluemercury, Zadig & Voltaire, Frame, Loewe, and Jenni Kayne to the City Council, pursuant to the Settlement Agreement between the City of Malibu and Cross Creek Ranch Malibu, LLC (Attachment 1).

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. Staff continue to work on ongoing projects and normal business while the FY 2024-25 Strategic Priority Plan is finalized.

DISCUSSION: The agenda item is for informational and reporting purposes only.

The Cross Creek Ranch shopping center (“Cross Creek Ranch” formerly known as La Paz Ranch) was developed pursuant to a development agreement that provided a number of benefits to the City including (1) conveyance of Parcl C, 2.3 acres to the City, (2) a $500,000 payment to the City, (3) a pedestrian and bike path through the project connecting to Civic Center Way, and (4) dedication of a trail segment fronting Civic Center Way, in exchange for which the project was entitled to be developed in conformance with the laws as they existed at the time the development agreement was approved by the City Council Meeting
09-23-04
Item

3.B.14.

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Agenda Item # 3.B.14.

California Coastal Commission on March 10, 2010.
1 As the City’s formula retail ordinance
was not adopted at the time the development agreement was approved, the project was not subject to its limitations. After the development agreement expires, the project becomes subject to all current provisions of the Malibu Municipal Code (MMC) and Local Coastal Program, including the formula retail provisions of the MMC. The City and the owner of the property disagreed about the expiration date of the development agreement due to differing opinions about the extent to which the development agreement required the expiration date to be extended due to delays allegedly caused by Caltrans and others.

To resolve this dispute, effective August 14, 2023, Cross Creek Ranch Malibu, LLC (CCRM) and the City of Malibu (City) entered into a Settlement Agreement which established that the development agreement expires on August 24, 2024, and also (1) provided for the payment to the City of $290,000, (2) the provision of up to $100,000 planning and design services, should the City so choose, related to potential future development of Parcel C, (3) agreement to allow the City to locate up to half of the required parking for the City’s future use of Parcel C on the Cross Creek Ranch property at no cost to the City, and (4) the substantial expansion of uses allowed on Parcel C (the development agreement and significantly constrained the uses allowed on Parcel C).

Under the Settlement Agreement, Cross Creek Ranch is subject to the City’s Formula Retail Ordinance — except that Cross Creek Ranch may open additional formula retail establishments beyond those allowed under the Formula Retail Ordinance if, among other requirements: 1) they submit the application before August 14, 2024, 2) the proposed tenant does not have 10 or more locations in the counties of Los Angeles, Orange and Ventura, 3) the proposed location does not exceed 4,000 sq ft (except up to 3 locations may be sized at 5,000 sq ft or less), and 4) the proposed location will not cause more than 60% of the ground floor to constitute non-exempt formula retail businesses2, 5) the proposed location will not cause more than 20% of the gross floor area of the shopping center to constitute non-exempt formula retail that has not obtained a formula retail clearance under the City’s Formula Retail Ordinance. The terms of the Settlement Agreement are included as Attachment 1.

In February 2024, staff reported to the Council the Planning Director’s issuance of five planning clearances for formula retail businesses. The subject clearances are the final installment of planning clearances to be approved under the terms of the Settlement Agreement.
1 The Development Agreement was approved by the City Council on November 24, 2008 and was subject to approval by the California Coastal Commission. Documents related to the La Paz Ranch project approvals are available at malibucity.org/crosscreekranch. 2 Establishments exempt from the Formula Retail Ordinance include the following: 1) grocery, 2) drug stores/pharmacies, 3) gas stations, 4) banks and financial services, 5) real estate offices, 6) movie theatres, 7) post services offices, and 8) medical establishments.

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Agenda Item # 3.B.14.

After approval of the subject planning clearances for Bluemercury, Zadig & Voltaire, Frame, Loewe, and Jenni Kayne, the total amount used of the additional 20 percent allowed under the Settlement Agreement is 19,661 square feet (17.63%) of the 22,297.80 square feet allowed under the Settlement Agreement. The August 14, 2024 deadline has passed and any additional formula retail will be subject to the regular requirements of MMC Chapter 17.61. Further information is provided below showing the breakdown of these numbers.

Cross Creek Ranch Shopping Center
The Cross Creek Ranch shopping center is comprised of 10 buildings constituting both one- and two-stories, and over 37 units, totaling 111,489 square feet of total gross floor area (GFA).
3 As of August 14, 2024, CCRM has obtained 20 tenants that are a combination of non-formula retail and non-exempt formula retail tenants, totaling 48,874 square feet of the 111,489 leasable square feet. The attached Cross Creek Ranch Formula Retail Matrix, dated August 14, 2024, contains a complete list of unit spaces, buildings, tenants, and square footage.

Table 1
Total Gross Floor Area of Shopping Center
1st floor 90,303 sq ft
2nd floor 21,186 sq ft
Total 111,489 sq ft
The Settlement Agreement states that during the “Additional Tolling Term" CCRM may lease to non-exempt formula retail tenants for up to an additional 20 percent of the shopping center’s total gross floor area, excluding the floor area occupied by exempt formula retail defined in Section 17.61.020.A(1)-(8)…” At this time, CCRM has not leased any space to an exempt tenant. As such, the gross floor area for the 20% type is the full gross floor area of the shopping center, 111,489 square feet. See Table 2.

Table 2
Gross Floor Area – Excluding Exempt Tenants
Total GFA 111,489 sq ft
Exempt Tenants - 0 sq ft
111,489 sq ft
3 Gross floor area (GFA) means the sum of the gross horizontal areas of the several floors of the building measured from the interior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, vehicular maneuvering areas, or any space where the floor-to-ceiling height is less than six feet.

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Agenda Item # 3.B.14.

As demonstrated in Table 3, pursuant to the Settlement Agreement, CCRM is allowed up to 22,297.80 square feet GFA for non-exempt formula retail tenants to be processed under the 20% type. In addition, CCRM is allowed up to an additional 34,446.70 square feet for non-exempt formula retail tenants if such tenants obtain a formula retail clearance pursuant to the Formula Retail Ordinance (which is reported to the Planning Commission pursuant to MMC Section 17.61.030(B)(2)).

Table 3
Gross Floor Area – Allowed Non-Exempt Formula retail
20% Compromise 111,489 x .20 = 22,297.80 sq ft
30% Standard 111,489 x .30 = 34,446.70 sq ft
Ground Floor Area
In addition to limiting the total gross floor area for non-exempt formula retail tenants during the Additional Tolling Period, the Settlement Agreement provides that non-exempt formula retail tenants under the Settlement Agreement may occupy up to 60% of the ground floor space, excluding the floor area occupied by exempt formula retail defined in MMC Section

17.61.020.A(1)-(8).

Pursuant to Table 1 (Gross Floor Area), the total ground floor area is 90,303 square feet.

Again, since CCRM has not leased space to an exempt establishment, no amount of this square footage is excluded (see Table 4). As such, under the Settlement Agreement, nonexempt formula retail tenants may occupy 54,181.80 square feet of the ground floor area (see Table 5).

Table 4
Ground Floor Area– Excluding Exempt Tenants
Total Ground Foor Area 90,303 sq ft
Exempt Tenants - 0 sq ft
90,303 sq ft
Table 5
60% Ground Floor Area – Allowed Non-Exempt Formula retail Additional Tolling Period 90,303 x .60 = 54,181.80 sq ft

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Agenda Item # 3.B.14.

Previously-Approved Non-Exempt Formula Retail Tenants
On February 26, 2024, staff reported the Planning Director’s approval of planning clearances for formula retail businesses, totaling 9,728 square feet. *PC = Planning Clearance
As demonstrated by Table 7 and Table 8, after the approval of the 20% Type planning clearances, 12,569.80 square feet of gross floor area remains and 44,453.80 square feet of ground floor area remains for 20% type planning clearances for non-exempt formula retail.

Table 7
Total Gross Floor Area – 20% Compromise Type
Total 20% Type GFA Allowed 22,297.80 sq ft
Approved 20%Type - 9,728 sq ft
12,569.80 sq ft
Table 8
60% Ground Floor Area – Allowed Non-Exempt Formula retail 60% Ground Floor Area 54,181.80 sq ft
Approved 20% Type - 9,728 sq ft
44,453.80 sq. ft.

Table 6
Proposed Formula Retail Tenants, 20% Compromise Type
as of February 26, 2024
Tenant PC* Bldg Floor Unit Sq Ft
Kith 23-007 1 1 110 3,996
Kith Treats 23-008 1 1 120 719
Le Labo 24-004 3 1 360 1,354
Ray-Ban 24-003 3 1 395 1,190
Pura Vida
Miami
23-026 7 1 795 2,469
9,728

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Agenda Item # 3.B.14.

Approved Non-Exempt Formula Retail Tenants
Prior to the end of the Additional Tolling Period, CCRM requested that the following nonexempt formula retail tenants be processed as 20% type establishments. Table 9 below lists each tenant, its building/unit location plus the square feet per tenant. The proposed tenants also individually have less than 10 or more locations within the counties of Los Angeles, Orange, and Ventura.
*PC = Planning Clearance
The total area proposed for non-exempt formula retail tenants under the 20% type provided for by the Settlement Agreement at this time is 9,933 square feet, which is less than the 12,569.80 square feet of gross floor area remaining and less than the 44,453.80 square feet of ground floor area remaining.

PUBLIC NOTICE: The item was posted on September 23, 2024 Regular City Council Meeting Agenda.

SUMMARY: The Planning Director has issued planning clearances for the subject businesses pursuant to the Settlement Agreement because, as described above, the proposed businesses meet the requirements for the 20 percent type provided for in the Settlement Agreement. The total amount of the additional 20 percent utilized under the Settlement Agreement is 19,661 square feet (17.63%) of the 22,297.80 square feet allowed under the Settlement Agreement. Under the Settlement Agreement, Cross Creek Ranch is allowed up to 3 non-exempt formula retail tenants that occupy up to 5,000 square feet. None of the Settlement Agreement formula retail tenants utilized the up-to-5,000 square feet. After the approval of the subject planning clearances, any new formula retail Table 9
Proposed Formula Retail Tenants, 20% Compromise Type
Tenant PC Bldg Floor Unit Sq Ft
Bluemercury PC 24-028 3 1 340 1,850
Zadig &
Voltaire
PC 24-029 4 1 450 1,805
Frame PC 24-030 4 1 460 1,808
Loewe PC 24-031 6 1 610-630 2,613
Jenni Kayne PC 24-032 7 1 710 1,857
9,933

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Agenda Item # 3.B.14.
tenant will be required to obtain a formula retail clearance pursuant to the City’s Formula Retail Ordinance — and must meet the requirements of the Formula Retail Ordinance (e.g. non-exempt formula retail cannot exceed 30 percent of the gross floor area of the shopping center in order for a new formula retail tenant to replace these tenants). As such, staff recommends the City Council receive and file the Planning Director’s report on formula retail planning clearance approvals for Bluemercury, Zadig & Voltaire, Frame, Loewe, and Jenni Kayne to the City Council, pursuant to the Settlement Agreement between the City of Malibu and Cross Creek Ranch Malibu, LLC.

ATTACHMENTS:

1. Settlement Agreement

2. Cross Creek Ranch Formula Retail Matrix, dated August 14, 2024

3. Site Plan

4. Planning Clearances
a. Bluemercury – Planning Clearance dated September 10, 2024 b. Zadig & Voltaire - Planning Clearance dated September 10, 2024 c. Frame - Planning Clearance dated September 10, 2024
d. Loewe - Planning Clearance dated September 10, 2024
e. Jenni Kayne - Planning Clearance dated September 10, 2024 9/13/23, 3:34 PM Batch 16324502 Confirmation
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https://gs.secure-erds.com/Batch/Confirmation/1 6324502 Attachment 1

RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL TO:

City of Malibu
Attention: City Clerk
23815 Stuart Ranch Road
Malibu, California 90265
SPACE ABOVE THIS LINE FO RECORDER’S USE

SETTLEMENT AGREEMENT
This Settlement Agreement (“Agreement”) is entered into as of August 14, 2023, (the “Effective Date”) by and between Cross Creek Ranch Malibu, LLC, as successor to Malibu Development Company LLC, (“CCRM”) and the City of Malibu (“City”). CCRM and the City are referred to cumulatively as the “Parties,” or singularly as a “Party.” The Parties intend by this Agreement to compromise and fully resolve all of CCRM’s claims of tolling under Development Agreement 07-001, approved by Malibu City Council Ordinance No. 330, approved by the Coastal Commission on March 10, 2010, and recorded as Document No. 20150150136 on February 10, 2015, (“Development Agreement”) and which pertains to development and operational rights for the Cross Creek Ranch shopping center and development (formerly known as La Paz Ranch) (“Cross Creek Ranch”) (“CCRM’s Tolling Claim”).

RECITALS
WHEREAS (i) CCRM’s Tolling Claim contends that a time-constrained contractual entitlement to certain benefits pursuant to the Development Agreement has been tolled in accordance with the terms of the Development Agreement, (ii) the City disputes the merit/extent ofthe Tolling Claim, and (iii) in the absence of a negotiated resolution of CCRM’ s Tolling Claim, the claim will need to be resolved by costly and time-consuming litigation.

AGREEMENT
NOW, THEREFORE, in order to resolve their differences in an efficient and economical manner, and in consideration of the mutual covenants, promises and undertakings set forth herein and other consideration, the receipt and adequacy of which the Parties hereby acknowledge, the Parties agree as set forth below.

1. Additional Tolling. The Development Agreement’s term shall be tolled such that it expires on August 14, 2024 (“Additional Toffing Term”); however, from the execution of this Agreement to the end of the Additional Tolling Term, CCRM’s rights under the Development Agreement shall be limited as set forth below. No further tolling shall be requested or granted. CCRM understands that this Agreement resolves all disputes regarding tolling of the Development Agreement’s term, and CCRM waives any claim to further tolling that exists now, or that may come to exist at any point in the future, regardless of any contrary provision in the Development Agreement.

2. Formula Retail Restrictions During Additional Tolling Term.

Notwithstanding any contrary provision ofthe Development Agreement, Cross Creek Ranch shall comply with the Formula Retail Ordinance (Malibu Ordinance No. 431 and Malibu Municipal Code section 17.61) subject to the following exceptions. a. In addition to the 30 percent formula retail uses allowed under Malibu Municipal Code (“MMC”) section 17.6 1.030.B(2)(a), during the Additional Tolling Term CCRM may lease to non-exempt formula retail tenants for up to an additional 20 percent of the shopping center’s total gross floor area, excluding the floor area occupied by exempt formula retail defined in Section 17.61 .020.A(1)-(8); which tenants may then continue to operate indefinitely like non-exempt formula retail tenants that existed prior to the City’s adoption of the Formula Retail Ordinance so long as those tenants remain, but shall only be replaced by other non-exempt formula retail tenants if doing so complies with the Formula Retail Ordinance as it exists at the time such replacement occurs.
(1) To avoid doubt, this means that there will be two different types of non-exempt formula retail uses: (i) the standard 30% type that is provided by the Formula Retail Ordinance, and separately (ii) a 20% compromise type that may be secured only during the Additional Tolling Term and has more restrictions than the first type. These two types of non-exempt formula retail tenants will be entirely separate and shall remain distinct so one does not affect the other.

For the second type, the Parties agree that submittal of a tenant’s application for a Planning Clearance during the Additional Tolling Period shall allow that tenant to open and operate as detailed herein.

To ensure clarity, CCRM shall designate which type oftenant each non-exempt formula retail tenant is upon the submittal of each Planning Clearance Application for a non-exempt formula retail tenant. The Planning Director will review the 20% compromise type for compliance with this Agreement, which shall be reported to the City Council and City Attorney (whereas the standard 30% type shall be reported to the Planning Commission pursuant to MMC section 17.61.030(C)). For the standard 30% type, CCRM waives any claim of exemption from the requirements ofthe Formula Retail Ordinance except as stated in (b) and (c) of this Section regarding percent ofthe ground floor that may be occupied, and the provision for three non-exempt formula retail clients to occupy a 5,000 square foot space.
(2) To avoid a sense of sameness and familiarity that the Formula Retail Ordinance seeks to prevent, the non-exempt formula retail tenants in this additional 20 percent of the center shall be restricted to tenants that do not have ten or more stores anywhere in the counties of Los Angeles, Ventura, and Orange.
b. Notwithstanding MMC section 17.61.030.B(2)(b), during the Additional Tolling Term Cross Creek Ranch may lease to non-exempt formula retail tenants that cumulatively occupy up to 60 percent of the ground floor spaces (compared to 40 percent in the Formula Retail Ordinance), which tenants may then continue to operate indefinitely like non exempt formula retail tenants that existed prior to the adoption of the Formula Retail Ordinance but shall only be replaced if doing so complies with the Formula Retail Ordinance as it exists at 2 the time such replacement occurs.
c. Notwithstanding MMC section 17.61.030.B(1), during the Additional Tolling Term Cross Creek Ranch may lease to up to three non-exempt formula retail tenants that occupy up to 5,000 square feet (compared to 4,000 square feet in the Formula Retail Ordinance), which tenants may then continue to operate like non-exempt formula retail tenants that existed prior to the adoption of the Formula Retail Ordinance but shall only be replaced if doing so complies with the Formula Retail Ordinance as it exists at the time such replacement occurs.

3. Expedited Processing During Additional Tolling Term. During the Additional Tolling Term the City shall comply with Section 5.5 of the Development Agreement (“CITY Processing ofPermit Applications On An Expedited Basis”) by expediting the processing of all permits, including concurrent processing of applications by various City departments (e.g., Planning Clearances for tenant spaces and Building & Safety-issued tenant improvement permits).

Failure to provide expedited processing shall not result in additional tolling of this Agreement or the Development Agreement.

4. Expanded City Rights Regarding Parcel C. CCRM waives all rights with respect to Parcel C including, but not limited to, all rights for Parcel C to be reconveyed to it pursuant to Section 6.4 of the Development Agreement as well as the those provided in Section

6.3 of the Development Agreement, subject to the following:
a. The City shall not use Parcel C as a wastewater treatment facility; and
b. The City shall use Parcel C only for an approved use under Section

6.3.2 of the Development Agreement or any of the following additional uses to which CCRM hereby consents:
(1) a municipal auditorium/community performing arts center; (2) art gallery or exhibition space;
(3) a movie theater;
(4) sports or recreation facilities with appropriate sound attenuation; or (5) any other City-approved use that does not substantially negatively impact the operations, peacefulness, or economic health of Cross Creek Ranch in CCRM’s reasonable business judgment,
confirmation of which CCRM shall not unreasonably withhold.

5. Planning Support to the City Regarding Parcel C. To assist the City in planning for the future use of Parcel C, upon the City’s request and at CCRM’s sole expense, not to exceed $100,000, CCRM shall provide to the City site planning and preliminary design services using CCRM’s in-house and outside planning and design team.

6. Free Parking For Parcel C. To assist the City in the future use of Parcel C, and provided that the City obtains a joint use and common parking facilities approval pursuant to MMC section 17.48.040 and/or Malibu Local Implementation Plan section 3.14.4 (to which CCRM shall consent and not object or challenge, but CCRM may express any concerns or preferences to the Planning Commission and/or City Council), CCRM shall allow the City to use parking facilities at Cross Creek Ranch to provide up to half of the parking required for the City’s 3 future use of Parcel C, at no charge to the City.

7. Additional Financial Sunport to the City Regarding Parcel C. In addition to any other benefits or payments provided to the City pursuant to the Agreement and Development Agreement, CCRM shall pay the City an additional $250,000 in five equal annual installments, with the first $50,000 payment to be made within 30 days after the first Cross Creek Ranch tenant opens to the public and with the remaining four $50,000 payments to be made on the annual anniversaries of that first payment date.

8. Release of CCRM’s Tolling Claim. CCRM, on behalf of itself and its directors, managers, members, agents, representatives, successors, and assigns, whether current or former, as applicable and to the extent any exist (Releasors), hereby releases, waives, acquits and forever discharges the City and its boards, commissions, departments, bureaus, representatives, agents, employees, attorneys and assigns, from any and all claims, demands, causes of action, obligations, damages, rights of subrogation or indemnity, attorneys’ fees, costs and liabilities of any nature whatsoever, whether known or unknown, which CCRM ever had, now has or may claim to have against the City or its boards, commissions, departments, bureaus, representatives, agents, employees, attorneys and assigns for any reason that relates or pertains to andlor arises out of CCRM’s Tolling Claim or the Development Agreement (Released Claims). CCRM covenants that none of the Releasors will sue or otherwise institute or in any way actively participate in or voluntarily assist in the prosecution of any legal or administrative proceedings regarding the Released Claims. Releasors understand and acknowledge that the foregoing release extends to any claims or damages, without limitation, arising out of the Released Claims that may exist on the date of the execution of this Agreement, but which Releasors do not know to exist, which, if known, would have materially affected their decision to execute this Agreement, regardless of whether their lack of knowledge is a result of ignorance, oversight, error, negligence or any other cause.

9. Attorneys’ Fees and Costs. CCRM shall pay the City $40,000 for the City’s attorneys’ fees and costs related to this Agreement, to be paid within 30 days after the first Cross Creek Ranch tenant opens to the public. Otherwise, the Parties shall bear their own attorneys’ fees and costs in connection with CCRM’s Tolling Claim and the negotiation and preparation of this Agreement.

10. Entire Agreement. This Agreement: (i) constitutes the entire agreement between the Parties concerning the subject matter hereof~ (ii) supersedes any previous oral or written agreements concerning the subject matter hereof, and (iii) shall not be modified except by a writing executed by the Parties.

11. Benefitted Parties. This Agreement shall be binding upon and inure to the benefit of each ofthe Parties and their representatives, heirs, devisees, successors and assigns.

12. Running With the Land. This Agreement shall run with the land, and all of CCRM’s obligations herein shall be fully binding on its successors and assigns. CCRM is the owner of Parcel A: APN 4458-022-032 and Parcel B: APN 4458-022-033 (together 23465 Civic Center Way), the City is the owner of Parcel C: APN 4458-022-908 (23465 Civic Center Way), and this Agreement shall be recorded against these properties. 4 13. Construction. Choice of Law and Venue. The terms of this Agreement are the product of arms-length negotiations between the Parties, through their respective counsel of choice, and no provision shall be construed against the drafter thereof. This Agreement shall be governed by and construed in accordance with the laws ofthe State of California. The venue for any disputes concerning this Agreement shall be in the County of Los Angeles. Any Party may enforce the terms of this Agreement.

14. Counterparts and Electronic Signatures. This Agreement may be executed in counterparts with the same force and effectiveness as though executed in a single document.

This Agreement may be signed by some or all signers electronically (e.g., by facsimile, electronic mail, or other electronic means of affixing a signature) and, if so, shall have the same force and effectiveness as an agreement executed with an original ink signature.

15. Authority. Each signatory to this Agreement represents and warrants that the signer is authorized to sign this Agreement on behalf of the Party for which the signer is signing, and thereby to bind that Party fully to the terms of this Agreement.

16. Non-Severability. The Parties agree that each and every provision of this Agreement is critical to the Parties’ decision to enter into this Agreement. Therefore, if any provision ofthis Agreement is held invalid or unenforceable in any final, non-appealable judgment of a court of competent jurisdiction, this Agreement shall become void and the Parties shall be restored to their respective positions prior to the Effective Date to the greatest extent possible.

17. Incorporation of Recitals. The recitals contained herein are hereby incorporated by reference and are material and binding upon the Parties hereto. 5 AGREED TO AND ACCEPTED AS OF THE EFFECTWE DATE:

CROSS C K RANCH MALIBU, LLC
By: ________________________
Name: Bry~iI Gordo
Its: Chief E ut e 0

ACKNOWLEDGMENT

STATE OF CA IFORNIA )
COUNTY OF~
ate
~~::

Nameft and
~
Titi Officer (eg., “Jane Doe, Notary Pis~2)
personally appeared l?~)v~j~~r1 I≤trv
Name of Signer(s)
who proved to me on the basis of sa factory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws ofthe S~teöf Californiathatthe forgoing paragraph is true and correct.

WITNESS my hand and official seal.
~LIVOLO
~ Notary Public . California L
(seal) ~ Los Angeles County ~
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity ofthat document.
6 CITY OF MALIBU
By: ___________________ Dated: ~
STEVE MCCLARY, City Manager
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNiA
County of Los Angeles
On ~6f’2~2— /1_~3 , before me, Kelsey Pettijohn, City Clerk for the City of Malibu, persona’ly appeared Steve McClary, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

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

WITNESS my hand and official seal.

WI 4 ~
K~LSEYP~O}~,~
7 APPROVED AS TO FORM:

By: ________________
Int~~ity Attorney

L WAT SLP
BethP.Gordie
Attorneys for CROSS CREEK RANCH MALIBU, LLC
8 Cross Creek Ranch
23465 Civic Center Way, Malibu, CA 90265
111,489 SF Total
Date: August 12, 2024
Tenant Space Business Name # of stores World # of stores S CA Leasable SF Tenant SF Exempt Retail Settlement
Agreement
Formula Retail -
20%
Settlement
Agreement
Formula RSF
Settlement
Agreement
Formula as GLA
%
Formula Retail
Ordinance -
30%
Formula Retail
Ordinance RSF
Formula Retail
Ordinance as
GLA %
110 KITH 10+ 3 3,996 3,996 Yes 3,996 3.58% No - 0.00%
120 KITH Treats 10+ 3 719 719 Yes 719 0.64% No - 0.00%210 Clark's Oyster Bar 3 n/a 3,016 3,016 No - 0.00% No - 0.00%220 1,476 - 0.00% - 0.00%230 1,441 - 0.00% - 0.00%240 1,606 - 0.00% - 0.00%310 Sunroom 2 n/a 870 870 No - 0.00% No - 0.00%320 714 - 0.00% - 0.00%330 Frankies Bikinis 3 n/a 863 863 No - 0.00% No - 0.00%340 Bluemercury 10+ 7 1,850 1,850 Yes 1,850 1.66% No - 0.00%350 1,525 - 0.00% - 0.00%360 Le Labo 10+ 7 1,354 1,354 Yes 1,354 1.21% - 0.00%370 1,520 - 0.00% - 0.00%380 1,293 - 0.00% - 0.00%390 1,294 - 0.00% - 0.00%395 Ray-Ban 10+ 4 1,190 1,190 Yes 1,190 1.07% - 0.00% 410 Chit Chat Coffee + Matcha 1 n/a 510 510 No - 0.00% No - 0.00% 420 1,587 - 0.00% - 0.00%430 California Incline 0 n/a 581 581 No - 0.00% No - 0.00% 440 Chimi 1 n/a 593 593 No - 0.00% No - 0.00%450 Zadig & Voltaire 10+ 8 1,805 1,805 Yes 1,805 1.62% No - 0.00%460 Frame 10+ 2 1,808 1,808 Yes 1,808 1.62% No - 0.00%470 1,573 - 0.00% - 0.00%480 2,029 - 0.00% - 0.00%490 1,279 - 0.00% - 0.00% 610 - 630 Loewe 10+ 2 2,613 2,613 Yes 2,613 2.34% No - 0.00% 705 Pura Vida Miami 10+ 0 2,469 2,469 Yes 2,469 2.21% No - 0.00% 710 Jenni Kayne 10+ 4 1,857 1,857 Yes 1,857 1.67% - 0.00%720 2,657 - 0.00% No - 0.00%730 3,866 - 0.00% - 0.00%740 3,897 - 0.00% - 0.00% 750 - 760 Wally's 3 n/a 2,580 2,580 No - 0.00% No - 0.00%810 - 820 Velvet 8 n/a 1,816 1,816 No - 0.00% No - 0.00% 830 Be Kind Studios 1 n/a 1,994 1,994 No - 0.00% No - 0.00%840 982 - 0.00% - 0.00%850 2,528 - 0.00% - 0.00%860 3,883 - 0.00% - 0.00% Building 9 Industrious* 10+ n/a 15,590 15,590 No - 0.00% No - 0.00% Building 10 15,598 - 0.00% - 0.00%
Building 11 10,524 - 0.00% - 0.00%
Storage, Restrooms, etc 2,143 - 0.00% - 0.00%
111,489 48,074 19,661 17.63% - 0.00%
111,489
-
111,489
20%
22,29819,661
30%
33,447
-
*Industrious is a coworking space leasing to small offices. None of the offices users are formula retail.Percent Formula Retail Ordinance AllowedAllowed Formula Retail Ordinance Current Formula Retail OrdinanceTotal SFExempt SFNon-Exempt SFPercent Settlement Agreement Formula Retail AllowedAllowed Settlement Agreement Formula RetailCurrent Settlement Agreement Formula Retail Attachment 2
Landlord makes no warranty or representation that the Retail Parcel and the Buildings shown on this site plan will be, or will remain, as depicted heron, or that the tenant spaces shown hereon, if any, are now, or will be, located within the Retail Parcel.

EXHIBIT A-2

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CIVIC CENTER WAY
860
850
840
810
820
830 630
620 610
480
490
470 460
450
420
440
430
410
760750
740 730 720 710 705
395 390 380 370 360 350 340
310320330
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220230240
210
BUILDING 1 BUILDING 3
BUILDING 2
BUILDING 4
BUILDING 6
BUILDING 7
BUILDING 8
120
N
KITH
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Treats
Le Labo
Ray-Ban
Pura Vida
Miami
Attachment 3

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1460 4th St, Suite 308 Santa Monica
Tierney Mauge
340
Retail sale of health and beauty products, cosmetics, perfumes, candles, hair and skin care products. 24- 028
23465 Civic Center Way, Malibu CA 90265
Bluemercury
2807 Jackson Avenue Long Island City NY 11101
CA 90401
(310) 255-0050 [email protected]
Cross Creek Ranch Malibu, LLC
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Cross Creek Ranch Malibu, LLC
By: Tierney Mauge, Secretary 8/12/24
8/12/24
FORMULA RETAIL CALCULATION – ADDITIONAL TOLLING TERM
See Settlement Agreement, dated August 2023 between
the City of Malibu and Cross Creek Ranch Malibu, LLC

1. PERMITTED USE:

2. FORMULA RETAIL:

3. CONDITIONALLY PERMITTED USE: YES
NO
NO
12If yes, a CUP is required)

ARE THE NUMBER OF LOCATIONS IN THE COUNTIES OF LOS ANGELES, VENTURA, AND ORANGE LESS THAN 1? X YES NO
WILL THE PROPOSED LOCATION EXCEED 5,000 SQUARE FEET OF GROSS FLOOR AREA? YES ;NO
PROPOSED FORMULA RETAIL FLOOR AREA: sq ft
EXEMPT FORMULA RETAIL FLOOR AREA: 0 sq ft
SHOPPING CENTER TOTAL GROSS FLOOR AREA: 1st FLOOR: 90,303 2nd FLOOR: 21,186 TOTAL: 111,489 TOTAL GFA: 111,489 - 0 EXEMPT FORMULA RETAIL = 111,489
111,489 x 20% = 22,297.ALLOWABLE FORMULA RETAIL
NON-EXEMPT FORMULA RETAIL GFA (including applicant) COMPLIES

X YES NO
SHOPPING CENTER - GROSS FLOOR AREA OF FIRST FLOOR:

TOTAL GFA FIRST FLOOR: 90,303 - 0 EXEMPT FORMULA RETAIL = 90,303 90,303 x 60% =54,181.80 ALLOWABLE FORMULA RETAIL
NON-EXEMPT FORMULA RETAIL GFA RI)LUVW)ORRU(including applicant)COMPLIES

X YES NO
Determination Date:

Planning Staff
Staff Use Only
Planning St

X YES
X YES
✔

Page 2 of 2 ends

CONDITIONS
Pursuant to the Settlement Agreement, tenants may continue to operate indefinitely like non-exempt formula retail tenants that existed prior to the adoption of the Formula Retail OrdinancHEXWhall only be replaced if doing so complies with the Formula Retail Ordinance as it exists at the time such replacement occurs. Any new tenant/business must comply with Formula Retail Ordinance. This planning clearance is not transferable to a new tenant / business. According to said Settlement Agreement, this planning clearance shall be reported to the City Council as part of the 20% compromise type during the Additional Tolling Term. All tenants in the Civic Center Ranch Shopping Center shall comply with City Council Resolution No. 08-52, and as amended by Planning Commission Resolution No. 20-17. No new signage is approved with this application. Any new signage requires a planning sign permit and is subject to compliance with the Master Sign Program. Any new tenant improvements including lighting shall be submitted under a separate application. $SSOLFDQWVKDOOREWDLQ3XEOLF:RUNVFOHDUDQFHIRUZDVWHZDWHUDOORFDWLRQSULRUWRWKHVXEPLWWDORIWKH WHQDQWLPSURYHPHQW
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Cross Creek Ranch Malibu LLC
By: Tierney Mauge, Secretary
Tierney Mauge
24-028
23465 Civic Center Way, Unit 340
9/10/2024
9/10/2024
Landlord makes no warranty or representation that the Retail Parcel and the Buildings shown on this site plan will be, or will remain, as depicted heron, or that the tenant spaces shown hereon, if any, are now, or will be, located within the Retail Parcel.

EXHIBIT A-2

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Existing Locations in the Counties of Los Angeles, Orange and Ventura As of August 12, 2024

1. 840 S. Sepulveda Boulevard
El Segundo, CA 90254

2. 1402 Montana Avenue
Santa Monica, CA 90403

3. 11640 San Vicente Blvd
Los Angeles, CA 90049

4. 158 North Larchmont Blvd
Los Angeles, CA 90004

5. 912 Avocado Ave
Newport Beach, CA 92660

6. 12178 Ventura Blvd
Studio City, CA 91604

7. 968 S Westlake Blvd
Westlake Village, CA 91361

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Tierney Mauge
Suite 450
24 029
23465 Civic Center Way, Malibu CA 90265
Zadig & Voltaire
8640 Sunset Blvd West Hollywood CA 90069
(646) 768-9477 [email protected]
CA 90401
(310) 255-0050 [email protected]
Cross Creek Ranch Malibu, LLC
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tenant improvement to a new space
1,805
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NO
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ARE THE NUMBER OF LOCATIONS IN THE COUNTIES OF LOS ANGELES, VENTURA, AND ORANGE LESS THAN 1? X YES NO
WILL THE PROPOSED LOCATION EXCEED 5,000 SQUARE FEET OF GROSS FLOOR AREA? YES ; NO
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Determination Date:

Planning Staff
Staff Use Only
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✔

Page 2 of 2 ends

CONDITIONS
Pursuant to the Settlement Agreement, tenants may continue to operate indefinitely like non-exempt formula retail tenants that existed prior to the adoption of the Formula Retail Ordinance but shall only be replaced if doing so complies with the Formula Retail Ordinance as it exists at the time such replacement occurs. Any new tenant/business must comply with Formula Retail Ordinance. This planning clearance is not transferable to a new tenant / business. According to said Settlement Agreement, this planning clearance shall be reported to the City Council as part of the 20% compromise type during the Additional Tolling Term. All tenants in the Civic Center Ranch Shopping Center shall comply with City Council Resolution No. 08-52, and as amended by Planning Commission Resolution No. 20-17. No new signage is approved with this application. Any new signage requires a planning sign permit and is subject to compliance with the Master Sign Program. Any new tenant improvements including lighting shall be submitted under a separate application. $SSOLFDQWVKDOOREWDLQ3XEOLF:RUNVFOHDUDQFHIRUZDVWHZDWHUDOORFDWLRQSULRUWRWKHVXEPLWWDORIWKH WHQDQWLPSURYHPHQW
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Cross Creek Ranch Malibu LLC
By: Tierney Mauge, Secretary
Tierney Mauge
24-029
23465 Civic Center Way, Unit 450
9/10/2024
9/10/2024
Landlord makes no warranty or representation that the Retail Parcel and the Buildings shown on this site plan will be, or will remain, as depicted heron, or that the tenant spaces shown hereon, if any, are now, or will be, located within the Retail Parcel.

EXHIBIT A-2

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Existing Locations in the Counties of Los Angeles, Orange and Ventura As of August 12, 2024

1. 1509 Abbot Kinney Blvd. Unit A
Venice, CA 90291

2. 8640 W Sunset Blvd
West Hollywood, CA 90069

3. 10250 Santa Monica Blvd, #1570
Los Angeles CA 90067

4. 3835 Cross Creek Road
Malibu, CA 90265

5. 367 N Beverly Dr
Beverly Hills, CA 90210

6. 12833 Ventura Blvd, Suite 124
Studio City, CA 91604

7. 401 Newport Center Drive
Newport Beach, CA 92660

8. 850 Ventura Blvd. Ste 720
Camarillo, CA 93010

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1460 4th St, Suite 308 Santa Monica
Tierney Mauge
Suite 460
24 030
23465 Civic Center Way, Malibu CA 90265
Frame
3578 Hayden Ave, N-1 Culver City CA 90232
(310) 507-7888 [email protected]
CA 90401
(310) 255-0050 [email protected]
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SHOPPING CENTER TOTAL GROSS FLOOR AREA: 1st FLOOR: 90,303 2nd FLOOR: 21,186 TOTAL: 111,489 TOTAL GFA: 111,489 - 0 EXEMPT FORMULA RETAIL = 111,489
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X YES NO
Determination Date:

Planning Staff
Staff Use Only
Planning St

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X YES
✔

Page 2 of 2 ends

CONDITIONS
Pursuant to the Settlement Agreement, tenants may continue to operate indefinitely like non-exempt formula retail tenants that existed prior to the adoption of the Formula Retail Ordinance but shall only be replaced if doing so complies with the Formula Retail Ordinance as it exists at the time such replacement occurs. Any new tenant/business must comply with Formula Retail Ordinance. This planning clearance is not transferable to a new tenant / business. According to said Settlement Agreement, this planning clearance shall be reported to the City Council as part of the 20% compromise type during the Additional Tolling Term. All tenants in the Civic Center Ranch Shopping Center shall comply with City Council Resolution No. 08-52, and as amended by Planning Commission Resolution No. 20-17. No new signage is approved with this application. Any new signage requires a planning sign permit and is subject to compliance with the Master Sign Program. Any new tenant improvements including lighting shall be submitted under a separate application. $SSOLFDQWVKDOOREWDLQ3XEOLF:RUNVFOHDUDQFHIRUZDVWHZDWHUDOORFDWLRQSULRUWRWKHVXEPLWWDORIWKH WHQDQWLPSURYHPHQW
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Cross Creek Ranch Malibu LLC
By: Tierney Mauge, Secretary
Tierney Mauge
24-030
23465 Civic Center Way, Unit 460
9/10/2024
9/10/2024
Landlord makes no warranty or representation that the Retail Parcel and the Buildings shown on this site plan will be, or will remain, as depicted heron, or that the tenant spaces shown hereon, if any, are now, or will be, located within the Retail Parcel.

EXHIBIT A-2

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Existing Locations in the Counties of Los Angeles, Orange and Ventura As of August 12, 2024

1. 8467 Melrose Place
Los Angeles, CA 90069

2. 189 The Grove Drive, Spc K-20
Los Angeles, CA 90036

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1460 4th St, Suite 308 Santa Monica
Tierney Mauge
Bldg 6 - Suites
610, 620, 630
24 031
23465 Civic Center Way, Malibu CA 90265
Loewe
19 East 57th Street, 17th flr New York City NY 10022
[email protected]
CA 90401
(310) 255-0050 [email protected]
Cross Creek Ranch Malibu, LLC
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Planning St

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✔

Page 2 of 2 ends

CONDITIONS
Pursuant to the Settlement Agreement, tenants may continue to operate indefinitely like non-exempt formula retail tenants that existed prior to the adoption of the Formula Retail Ordinance but shall only be replaced if doing so complies with the Formula Retail Ordinance as it exists at the time such replacement occurs. Any new tenant/business must comply with Formula Retail Ordinance. This planning clearance is not transferable to a new tenant / business. According to said Settlement Agreement, this planning clearance shall be reported to the City Council as part of the 20% compromise type during the Additional Tolling Term. All tenants in the Civic Center Ranch Shopping Center shall comply with City Council Resolution No. 08-52, and as amended by Planning Commission Resolution No. 20-17. No new signage is approved with this application. Any new signage requires a planning sign permit and is subject to compliance with the Master Sign Program. Any new tenant improvements including lighting shall be submitted under a separate application. $SSOLFDQWVKDOOREWDLQ3XEOLF:RUNVFOHDUDQFHIRUZDVWHZDWHUDOORFDWLRQSULRUWRWKHVXEPLWWDORIWKH WHQDQWLPSURYHPHQW
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Cross Creek Ranch Malibu LLC
By: Tierney Mauge, Secretary
Tierney Mauge
24-031
23465 Civic Center Way, Unit 610-630
9/10/2024
9/10/2024
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EXHIBIT A-2

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Existing Locations in the Counties of Los Angeles, Orange and Ventura As of August 12, 2024

1. 327 N Rodeo Dr.

Beverly Hills, CA 90210

2. 3333 Bristol St Suite 1423
Costa Mesa, CA 92626

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Tierney Mauge
Suite 710
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23465 Civic Center Way, Malibu CA 90265
Jenni Kayne
1727 Berkley Street, Studio 1 Santa Monica CA 90404
(949) 533-1625 [email protected]
CA 90401
(310) 255-0050 [email protected]
Cross Creek Ranch Malibu, LLC
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tenant improvement to a new space
1,857
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n/a n/a
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1. PERMITTED USE:

2. FORMULA RETAIL:

3. CONDITIONALLY PERMITTED USE: YES
NO
NO
12If yes, a CUP is required)

ARE THE NUMBER OF LOCATIONS IN THE COUNTIES OF LOS ANGELES, VENTURA, AND ORANGE LESS THAN 1? X YES NO
WILL THE PROPOSED LOCATION EXCEED 5,000 SQUARE FEET OF GROSS FLOOR AREA? YES ;NO
PROPOSED FORMULA RETAIL FLOOR AREA: 1,857 sq ft
EXEMPT FORMULA RETAIL FLOOR AREA: 0 sq ft
SHOPPING CENTER TOTAL GROSS FLOOR AREA: 1
st FLOOR: 90,303 2nd FLOOR: 21,186 TOTAL: 111,489
TOTAL GFA: 111,489 - 0 EXEMPT FORMULA RETAIL = 111,489
111,489 x 20% = 22,297.ALLOWABLE FORMULA RETAIL
NON-EXEMPT FORMULA RETAIL GFA (including applicant) COMPLIES

X YES NO
SHOPPING CENTER - GROSS FLOOR AREA OF FIRST FLOOR:

TOTAL GFA FIRST FLOOR: 90,303 - 0 EXEMPT FORMULA RETAIL = 90,303 90,303 x 60% =54,181.80 ALLOWABLE FORMULA RETAIL
NON-EXEMPT FORMULA RETAIL GFA RI)LUVW)ORRU(including applicant)COMPLIES

X YES NO
Determination Date:

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X YES
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Page 2 of 2 ends

CONDITIONS
Pursuant to the Settlement Agreement, tenants may continue to operate indefinitely like non-exempt formula retail tenants that existed prior to the adoption of the Formula Retail Ordinance but shall only be replaced if doing so complies with the Formula Retail Ordinance as it exists at the time such replacement occurs. Any new tenant/business must comply with Formula Retail Ordinance. This planning clearance is not transferable to a new tenant / business. According to said Settlement Agreement, this planning clearance shall be reported to the City Council as part of the 20% compromise type during the Additional Tolling Term. All tenants in the Civic Center Ranch Shopping Center shall comply with City Council Resolution No. 08-52, and as amended by Planning Commission Resolution No. 20-17. No new signage is approved with this application. Any new signage requires a planning sign permit and is subject to compliance with the Master Sign Program. Any new tenant improvements including lighting shall be submitted under a separate application. $SSOLFDQWVKDOOREWDLQ3XEOLF:RUNVFOHDUDQFHIRUZDVWHZDWHUDOORFDWLRQSULRUWRWKHVXEPLWWDORIWKH WHQDQWLPSURYHPHQW
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Cross Creek Ranch Malibu LLC
By: Tierney Mauge, Secretary
Tierney Mauge
24-032
23465 Civic Center Way, Unit 710
9/10/24
9/10/24
Landlord makes no warranty or representation that the Retail Parcel and the Buildings shown on this site plan will be, or will remain, as depicted heron, or that the tenant spaces shown hereon, if any, are now, or will be, located within the Retail Parcel.

EXHIBIT A-2

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Jenni Kayne
Existing Locations in the Counties of Los Angeles, Orange and Ventura As of August 12, 2024

1. Brentwood
225 26th Street, Suite 30B
Santa Monica, CA 90402

2. Brentwood Home
225 26th Street, Suite 38
Santa Monica, CA 90402

3. West Hollywood
614 North Almont Drive
West Hollywood, CA 90069

4. Lido Village
3450 Via Oporto #103
Newport Beach, CA 92663

Page 1 of 4 ends

Agenda Item # 3.B.15.

Council Agenda Report
To: Mayor Stewart and the Honorable Members of the City Council Prepared by: Maureen Tamuri, Interim Planning Director
Patricia Salazar, Development and Operations Manager
Reviewed by: Joseph Toney, Assistant City Manager
Approved by: Steve McClary, City Manager
Date prepared: September 18, 2024 Meeting date: September 23, 2024 Subject: Professional Services Agreements for Contract Planning Services RECOMMENDED ACTION: 1) Authorize the Mayor to execute a professional services agreement with California Coastal Works LLC for contract planning services; 2) Authorize the Mayor to execute a professional services agreement with Casswell Consulting, Inc. for contract planning services; 3) Authorize the Mayor to execute a professional services agreement with Joyce Parker-Bozylinski for contract planning services; and 4) Authorize the Mayor to execute a professional services agreement with Premium Planning Solutions, Inc. for planning contract services.

FISCAL IMPACT: No additional appropriation is required. Funding for these agreements is included in the Adopted Budget for FY 2024-25 in Account No. 101-2001-5100.00 (Planning Department – Professional Services).

WORK PLAN: This item supports day-to-day operations and priorities identified in the Adopted FY 2023-24 Strategic Priority Project List such as the 2021-2029 Housing Element, Accessory Dwelling Unit Ordinance, and the Malibu Community Labor Exchange Permanent Office. Staff continues to work on ongoing projects and normal business while the FY 2024-25 Strategic Priority Plan is finalized.

City Council Meeting
09-23-24
Item

3.B.15.

Page 2 of 4 ends

Agenda Item # 3.B.15.

DISCUSSION: The Planning Department utilizes contract planners to augment staffing levels to aid in the processing of current planning development applications, long-range planning efforts, and inter-agency projects. For FY 2024-25, the City Council approved $1,570,000 for Planning Professional Services for a variety of services. The table below shows approximate amounts for each type of service. Attachment 1 includes a detailed breakdown of the professional services budget for this fiscal year.

Table 1 – Planning Professional Services by Category
Category Budget
Other Services $335,000
Long Range Planning $400,000
Current Planning $835,000
$1,570,000.00
In addition, to the Planning Professional Services, the City Council approved $300,000 for a dedicated Woolsey Fire rebuild contract planner in a separate account. However, it is important to note that all planners, including contract planners, work on fire rebuild applications.

The existing agreements for contract planning services provide for 12 to 14 contract planners, the equivalent of 4.0 full-time employees, with differing levels of experience from former planning directors to associate planners. Contract planners assist the Department in processing approximately 120 planning applications and managing the Department’s digital submittals.

During the process of adopting the FY 2024-25 Budget, it was anticipated that vacancies would continue to be filled, and contract planners would be assisting staff with longrange planning projects and the backlog of planning projects due to staffing turnover. At the time this report was prepared, the Planning Department has 8 planner vacancies, which includes the recent resignations from the Planning Director and Assistant Planning Director. As such, the Department issued an RFP for contract planning services.

In the most recent RFP, staff decided that it would be more efficient to obtain planners with more experience. As a result, the RFP requested contract planning services at the senior planner or higher level and to obtain a planner to manage digital submittals.

In order to obtain the most qualified firms, the RFP was advertised to planning professional associations in addition to the City’s website. The City received 15 proposals1 and is currently interviewing candidates and negotiating agreements. As agreements are negotiated, staff will present agreements for the Council’s consideration. 1 Responding firms: 4LEAF, Capstone Planning, California Coastal Works, Casswell Consulting, City Advisors, Civic Solutions, Inc., CSG Consultants, Interwest, Joyce Parker-Bozylinski, JLee Engineering, Inc, Michael Baker

Page 3 of 4 ends

Agenda Item # 3.B.15.

To date, based on the response to the RFP, interviews, and qualifications, staff recommends the Mayor execute two-year professional services agreements with California Coastal Works LLC, Casswell Consulting, Inc., Joyce Parker-Bozylinski, and Premium Planning Solutions, Inc.

Tracking Progress
In 2022, the City Council increased the Planning Professional Services budget by $900,000, totaling $1.5 million. This infusion of funds for contract planners made a significant impact on the Department’s ability to complete the Council Strategic Priority Project List, improve the development process, increase the level of customer service, improve staff’s response times, and lower the caseload per planner.

As part of the FY 2024-25 budget hearings, staff reported that with the assistance of contract planners, the Department was able to complete the Strategic Priority Project List adopted by the Council including the Permanent Skate Park coastal development permit, ADU Ordinance, Malibu Middle and High School Specific Plan, and significant progress on the Wireless Ordinance Update, Temporary Use Permit Ordinance, Housing Element, and Dark Sky Ordinance.

Also, in 2022, staff reported that the average caseload per planner was 57. Today, the caseload has been reduced to 35 cases per planner. This workload is in addition to staffing the public counter, the planning hotline and email, and assigned programs.

In March 2023, the Department implemented performance metrics. To date, staff has met 4 of the 9 performance metrics. Most significant is the progress made for Metric 1 (first review within 30 days of the date of application). In 2023, only 35% of applications received a response within 30 days, as of today, staff has met the target at 75% of applications.

In addition, staff reported on efforts to improve the development review process including the implementation of the Development Portal. Since the launch of the portal in April 2024, planning staff has received over 700 new and revised application submittals, totaling over 3,200 documents. This work is handled by a contract planning technician.

This has allowed the City planners to focus on processing applications.

Lastly, lowering the number of applications per planner has enabled the Department to offer Associate Planner consultations at the public counter twice per week.

CONCLUSION: Staff recommends the Mayor authorize these agreements to continue the level of service provided while recruitment for full-time planners continues.

International, MNS Engineering, Premium Planning Solutions, RFM Land Use Consulting, Rincon Consultants, and The Code Group.

Page 4 of 4 ends

Agenda Item # 3.B.15.

ATTACHMENTS:

1. Planning Department Consultant Budget

2. Professional Services Agreement with California Coastal Works LLC

3. Professional Services Agreement with Casswell Consulting, Inc.

4. Professional Services Agreement with Joyce Parker-Bozylinski

5. Professional Services Agreement with Premium Planning Solutions, Inc.

6. Responses to RFP
Planning Professional Services Cateogry of Services Total Budget for FY 2425 # of Planners CDBGR Multifamily Housing Program Other 75,000.0 $ 0
LEAP ADU Outreach (Web design and workshop) Other 17,500.0 $ 0 LEAP IntraDepartment Workflow Other 20,000.0 $ 0
New WC Hearing Officer Other $ 3,000.00
Misc Services (Cotton Shires) Other 25,000.0 $ 0
City Arborist Other $ 5,000.00
Database Maintenance Other 30,000.0 $ 0
City Biologist Nonreimbursable reviews Other $ 6,000.00 Premium Planning Solutions Other $ 155,000.00 1.00
Capstone Housing Element Code Amendments LongRange Planning 78,218.0 $ 0 1.00 Rincon Housing Element LongRange Planning 70,908.00 2.00 Joyce ParkerBozylinski LongRange Planning 100,000.0 $ 0 1.00 Coastal Works* LongRange Planning $ 150,000.00 1.00
Capstone Current Planning $ 50,000.00 1.00
Casswell Consulting Current Planning $ 235,000.00 1.00
Civic Solutions Current Planning $ 214,800.00 2.00
CSG Consultants Current Planning $ 83,000.00 1.00
Other Contract Planner TBD Current Planning $ 251,574.00 1.00 *Provided current and longrange planning servies 12.00 Other Services $ 336,500.00
Long Range Planning $ 399,126.00
Current Planning Projects $ 834,374.00
TOTAL BUDGET $ 1,570,000.00
Planning Consultant Budget
Attachment 1

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of September 23, 2024 by and between the City of Malibu (hereinafter referred to as the "City"), and California Coastal Works, 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 out for consulting services for certain projects relating contract planning services.

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 September 23, 2024, and will remain in effect for a period of two years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

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

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work’s fee and cost schedule. The cost of services shall not exceed $275,000 for the term of the agreement, except for work performed under an Applicant Deposit (as more particularly described in Section 4.2). No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

Attachment 2
Agreement for Professional Services
California Coastal Works, LLC

Page 2 of 13 ends

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.

4.2 Applicant Deposit means a project where an applicant submits a financial deposit to the City as required by the City’s fee schedule or other rule or regulation. City shall have the sole authority to determine whether work performed by the Consultant is subject to this Agreement or an Applicant Deposit. In the event the amount of an Applicant Deposit is less than the accumulated cost of the applicant’s project, the Consultant will not be required to continue work on the applicant’s project after expiration of a 15-day written notice to City regarding the deposit funding issue. The immediately preceding sentence shall not apply in the event that the City notifies the Consultant that it will continue to compensate the Consultant regardless of the deposit funding issue or the applicant provides an additional financial deposit to the City.

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 Agreement for Professional Services
California Coastal Works, LLC

Page 3 of 13 ends

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 immediately 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.

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.

6.5 Indemnification.

To the fullest extent permitted by law, Consultant shall indemnify and hold harmless City and any and all of its officials, employees, and/or agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ 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:

Page 4 of 13 ends

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 attorneys’ fees, expert fees, and costs of litigation.

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.

Agreement for Professional Services
California Coastal Works, LLC

Page 5 of 13 ends

(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.

Agreement for Professional Services
California Coastal Works, LLC

Page 6 of 13 ends

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.

6.17 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.

6.19 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: Joseph Smith, AICP
City Manager Principal
City of Malibu California Coastal Works, LLC
23825 Stuart Ranch Road 1330 Camino Del Mar
Malibu, CA 90265-4861 Del Mar, CA 92014
TEL (310) 456-2489 x 226 TEL: (619) 943-1337
FAX (310) 456-2760 [email protected]

Agreement for Professional Services
California Coastal Works, LLC

Page 7 of 13 ends

7.0 GENERAL TERMS AND CONDITIONS.

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 assumingoffice, 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 ______

City Initials JS
Consultant Initials ______
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Agreement for Professional Services
California Coastal Works, LLC

Page 8 of 13 ends

This Agreement is executed on _____________________, at Malibu, California, and effective as of September 23, 2024.

CONSULTANT:
_______________________________
By: JOSEPH SMITH, Principal
California Coastal Works, LLC
CITY OF MALIBU:
___________________________________
DOUG STEWART, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
Agreement for Professional Services
California Coastal Works, LLC

Page 9 of 13 ends

EXHIBIT A

SCOPE OF WORK
SECTION 1 - SCOPE OF WORK
PART A – LONG RANGE PLANNING SERVICES
The Consultant will provide advanced level planning services such as project management, ordinance development, policy development, environmental review and other related tasks. The scope of services shall include the following but are not limited to:
• General project management including establishing project tasks, schedule, and expectations • Processing of City Zoning Ordinances and General Plan Amendments including the preparation of staff reports, resolutions, and ordinances
• Processing of Local Coastal Program Amendments including the preparation of staff reports, resolutions, ordinances, and complete the California Coastal Commission (CCC) certification process including amendment submittal, serve as the liaison with the CCC staff, attend hearings, and preparation of final documents to process CCC suggested modifications • Coordinate with outside agencies and City Departments as required to process projects • Review projects for compliance with California Environmental Quality Act (CEQA) • Deliverables may include: Planning Commission, City Council, Zoning Ordinances Revisions and Code Enforcement City Council Subcommittee, Environmental Review Board (ERB) staff reports, resolutions, ordinances, presentations, public hearing notices, and other meeting materials as required
PART B – CURRENT PLANNING SERVICES
The Consultant shall perform professional municipal planning case management services at the Project Manager / Principal Planner level for applicant-initiated applications as assigned by the Planning Department to include the following services: conformance reviews, discretionary case processing, project management, staff report preparation, CEQA documentation, review of conditions of approval, and attendance at required meetings for the Environmental Review Board (ERB), Planning Commission, and City Council. As part of this work, the selected consultant shall:
• Demonstrate expertise similar to a Project Manager / Principal Planner in municipal planning case management.
• Review applications for complex residential and commercial development; evaluate alternatives and conformance with the City’s General Plan, Municipal Code, Local Coastal Program, and State laws; and prepare recommendations for action by City staff, elected or appointed officials.
• Process coastal development permits (CDP), administrative plan reviews (APR), site plan reviews (SPR), minor modifications, variances, conditional use permits, subdivisions, parcel maps, and other entitlements as assigned.
• Confer with and provide information to property owners, contractors, developers, engineers, architects, and the public regarding conformance to standards, plans, specifications and codes; explain codes, requirements and procedures, and evaluates alternatives. • Coordinate with outside agencies and City departments involved as part of the development review process.
• Conduct final planning inspections, story pole visits, and other site visits as necessary. • Review applications and projects for compliance with CEQA. • Make presentations to the Planning Commission, City Council, and various committees and commissions, and attend evening meetings as required.
• Prepare staff reports, resolutions, and ordinances for the Planning Commission, Environmental Review Board, and City Council.
• May be requested to work on long-range planning projects.

Scope of Work

Page 2 ends

• Demonstrate an area of expertise with regulatory documents similar to those used by the City of Malibu Planning Department:

City of Malibu Local Coastal Program
City of Malibu Municipal Code Title 16 (Subdivision) and Title 17 (Zoning) City of Malibu General Plan
City Maps including LCP maps, Zoning Maps, Land Use Maps, Cultural Resources Maps, Overlay Districts, etc.

Coastal Act
CEQA Guidelines
Subdivision Map Act
Permit Streamlining Act
• Prepare documentation, in a form prescribed by the City, normally associated with case processing. • Incomplete/Complete Letters processed within 30 calendar days of project submittal (target goal)
• Noticing Requirements for CDPs shall be processed before applications are deemed complete
• Notice of Decisions for APR/SPRs shall be processed no sooner than 21 days no later than 30 calendar days from the date of the issuance of the Notice of Application • Ensure that Planning fees are paid and included in incomplete letters • Staff reports for the Planning Commission, Environmental Review Board, and City Council shall be submitted to staff in final form including attachments, resolutions, and ordinances, if applicable. This includes thorough editing and proofreading and preparation of exhibits prior to submittal to staff for review. • Update Planning long range agenda and keep abreast of pertinent deadlines. • The Development Database shall be maintained. All project milestones shall be entered as they are performed. The Note section shall reflect current status of the project and all communications with applicants, owners, appellants, and interested parties. • Attend Planning Department staff meetings only upon the request by the Planning Director or his/her designee
• Attend trainings as requested by the Planning Director or his/her designee • Stay abreast of new City and/or departmental policies and procedures as provided in emails, meetings, etc.
• Provide other services as requested by the Planning Director • Review Conditions of Approval prior to final planning approval • Stamp plans at appropriate review stages and conform plans accurately to reflect project approval
• Perform project management duties including the maintenance of the development database and tracking of deadlines, application submittal requirements, and workload.

Scope of Work

Page 3 ends

PART C – OTHER
• Perform project management duties including the maintenance of the development database and tracking of deadlines, application submittal requirements, and workload. • Response Turnaround Times: Respond within one (1) business day to questions from City staff and members of the public Record Keeping: Maintain proper record keeping. Files shall be organized, up to date, and ready for public review at all times including digital records. All records shall be date-stamped and properly identified. City records, including planning files, shall not be removed from City Hall without authorization. In addition, the Development Database shall be maintained with all project milestones and reflect current status. • Meetings: Meetings with applicants and members of the public shall be held in City Hall or on the project site (e.g., onsite visits). In an effort to create a perception of unbiased level of customer service, socializing with applicants is strongly discouraged. • Demonstrate knowledge of computer applications including Microsoft Office Word, Excel, PowerPoint, Access, Teams, and GIS.

SECTION 2 - SCHEDULE OF FEES
This section describes the rates and general payment terms for the services described in this Scope of Work.

1. FEE
Consultant will perform the services on an hourly basis, in accordance with Schedule 1 below. The Not to Exceed Fee represents all cost associated with the delivery of each task including travel time with the exception of travel expenses as described in Section 2 below. An itemized invoice of specific tasks shall be provided on invoices.

Schedule 1 – Hourly Rate
Joseph D. Smith $295/hr (consultant rate)
$175/hr (consultant rate for travel to/from City for
services related to Scope of Work)
Senior Project Manager (undesignated) $235/hr (consultant rate) $100/hr (consultant rate for travel to/from City for
services related to Scope of Work)

2. TRAVEL EXPENSE BUDGET
Reimbursement for all expenses reasonably incurred by the Consultant in connection with services provided such as lodging and transportation cost which exceed attendance of meeting in excess of 50 miles from Consultant’s address. An estimate of travel expenses shall be pre-approved by the Planning Director.

Mileage shall be reimbursed at the IRS prevailing rate. City will not reimburse for meals. Expenses will appear on invoices without any markup, with proof of payment, and due and payable within thirty (30) days after receipt by the City.

Scope of Work

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• Travel time to and from the City of Malibu (not related to Scope of Work). • Preparation of invoices and other administrative clerical services. • Contract administration, such as preparing or discussing contract amendments. • Time spent resolving errors in the event the Consultant is responsible.

Agreement for Professional Services
California Coastal Works, LLC

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EXHIBIT B

Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Workers’ Compensation Insurance. In the event Consultant has any employees at any point during the term of this Agreement, 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.

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.

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damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.

Agreement for Professional Services
California Coastal Works, LLC

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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.

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California Coastal Works, LLC

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AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of September 23, 2024 by and between the City of Malibu (hereinafter referred to as the "City"), and Casswell Consulting, Inc. (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

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

B. The City desires to contract out for consulting services for certain projects relating contract planning services.

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:

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 $470,000 for the term of the agreement, except for work performed under an Applicant Deposit (as more particularly described in Section 4.2). No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or his or her designee.

Attachment 3
Agreement for Professional Services
Casswell Consulting, Inc.

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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.

4.2 Applicant Deposit means a project where an applicant submits a financial deposit to the City as required by the City’s fee schedule or other rule or regulation. City shall have the sole authority to determine whether work performed by the Consultant is subject to this Agreement or an Applicant Deposit. In the event the amount of an Applicant Deposit is less than the accumulated cost of the applicant’s project, the Consultant will not be required to continue work on the applicant’s project after expiration of a 15-day written notice from Consultant regarding the deposit funding issue. The immediately preceding sentence shall not apply in the event that the City notifies the Consultant that it will continue to compensate the Consultant regardless of the deposit funding issue or the applicant provides an additional financial deposit to the City.

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.

6.0 GENERAL TERMS AND CONDITIONS.

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.

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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.

6.5 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 attorneys’ 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 attorneys’ 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 attorneys’ fees, expert fees, and Agreement for Professional Services
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costs of litigation.

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.

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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.

6.15 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.

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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.

6.19 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: Rick Casswell
City Manager Principal
City of Malibu Casswell Consulting, Inc.
23825 Stuart Ranch Road 7995 Civita Boulevard, #345
Malibu, CA 90265-4861 San Diego, CA 92108
TEL (310) 456-2489 x 226 TEL (619) 483-3950
FAX (310) 456-2760 [email protected]

7.0 GENERAL TERMS AND CONDITIONS.

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 Agreement for Professional Services
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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 ______

City Initials ______
Consultant Initials ______
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
RAC
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This Agreement is executed on _____________________, at Malibu, California, and effective as of September 23, 2024.

CONSULTANT:
_______________________________
By: RICK CASSWELL, Principal
Casswell Consulting, Inc.

CITY OF MALIBU:
___________________________________
DOUG STEWART, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
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EXHIBIT A

SCOPE OF WORK
SECTION 1 - SCOPE OF WORK
PART A – CURRENT PLANNING SERVICES
The Consultant shall perform professional municipal planning case management services at the Project Manager / Principal Planner level for applicant-initiated applications as assigned by the Planning Department to include the following services: conformance reviews, discretionary case processing, project management, staff report preparation, CEQA documentation, review of conditions of approval, and attendance at required meetings for the Environmental Review Board (ERB), Planning Commission, and City Council. As part of this work, the selected consultant shall:
• Demonstrate expertise similar to a Project Manager / Principal Planner in municipal planning case management.
• Review applications for complex residential and commercial development; evaluate alternatives and conformance with the City’s General Plan, Municipal Code, Local Coastal Program, and State laws; and prepare recommendations for action by City staff, elected or appointed officials.
• Process coastal development permits (CDP), administrative plan reviews (APR), site plan reviews (SPR), minor modifications, variances, conditional use permits, subdivisions, parcel maps, and other entitlements as assigned.
• Confer with and provide information to property owners, contractors, developers, engineers, architects, and the public regarding conformance to standards, plans, specifications and codes; explain codes, requirements and procedures, and evaluates alternatives. • Coordinate with outside agencies and City departments involved as part of the development review process.
• Conduct final planning inspections, story pole visits, and other site visits as necessary. • Review applications and projects for compliance with CEQA. • Make presentations to the Planning Commission, City Council, and various committees and commissions, and attend evening meetings as required.
• Prepare staff reports, resolutions, and ordinances for the Planning Commission, Environmental Review Board, and City Council.
• May be requested to work on long-range planning projects. • Demonstrate an area of expertise with regulatory documents similar to those used by the City of Malibu Planning Department:

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ordinances, if applicable. This includes thorough editing and proofreading and preparation of exhibits prior to submittal to staff for review. • Update Planning long range agenda and keep abreast of pertinent deadlines. • The Development Database shall be maintained. All project milestones shall be entered as they are performed. The Note section shall reflect current status of the project and all communications with applicants, owners, appellants, and interested parties. • Attend Planning Department staff meetings only upon the request by the Planning Director or his/her designee
• Attend trainings as requested by the Planning Director or his/her designee • Stay abreast of new City and/or departmental policies and procedures as provided in emails, meetings, etc.
• Provide other services as requested by the Planning Director • Review Conditions of Approval prior to final planning approval • Stamp plans at appropriate review stages and conform plans accurately to reflect project approval
• Perform project management duties including the maintenance of the development database and tracking of deadlines, application submittal requirements, and workload.

PART B – OTHER
• Perform project management duties including the maintenance of the development database and tracking of deadlines, application submittal requirements, and workload. • Response Turnaround Times: Respond within one (1) business day to questions from City staff and members of the public Record Keeping: Maintain proper record keeping. Files shall be organized, up to date, and ready for public review at all times including digital records. All records shall be date-stamped and properly identified. City records, including planning files, shall not be removed from City Hall without authorization. In addition, the Development Database shall be maintained with all project milestones and reflect current status. • Meetings: Meetings with applicants and members of the public shall be held in City Hall or on the project site (e.g., onsite visits). In an effort to create a perception of unbiased level of customer service, socializing with applicants is strongly discouraged. • Demonstrate knowledge of computer applications including Microsoft Office Word, Excel, PowerPoint, Access, Teams, and GIS.

SECTION 2 - SCHEDULE OF FEES
This section describes the rates and general payment terms for the services described in this Scope of Work.

Schedule 1 – Hourly Rate
Rick Casswell, Principal $165/hr (consultant rate)
$110/hr (consultant rate for travel to/from City for
services related to Scope of Work)
*This agreement is for a sole proprietor and as such no employees are authorized to conduct work under this agreement. Should the Consultant desire to add employees, an amendment to the agreement is required.

Scope of Work

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After execution of the agreement, the City will submit a Notice to Proceed to the Consultant which will include an agreed upon Not to Exceed Per Month amount. This amount shall not be exceeded without the express permission of the Planning Director or his or her designee.

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

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EXHIBIT B

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 Agreement for Professional Services
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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.

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Malibu City CouncilSeptember 23, 2024

Malibu City Council
September 23, 2024